Making our case: Prop 8 Opponents file Supreme Court Brief
February 22, 2013 2 Comments
Same -sex marriage champions Ted Olson and David Boies, the attorneys representing the American Foundation for Equal Rights, filed their brief with the Supreme Court on Wednesday.
According to a statement from AFER,”This is our one and only brief that we will file with the Court. It is our chance to explain to the Justices that marriage equality is at the heart of our generation’s search for greater freedom and a basic American value, deeply rooted in our constitutional tradition.”
Included in the 54-page document is a powerful statement regarding the discrimination of the proposition, which passed in California in 2008, thanks to millions of dollars spent by anti-equality organizations and networks, “Because of their sexual orientation—a characteristic with which they were born and which they cannot change—Plaintiffs and hundreds of thousands of gay men and lesbians in California and across the country are being excluded from one of life’s most precious relationships. They may not marry the person they love, the person with whom they wish to partner in building a family and with whom they wish to share their future and their most intimate and private dreams. Although opening to them participation in the unique and immensely valuable institution of marriage will not diminish the value or status of marriage for heterosexuals, withholding it causes infinite and permanent stigma, pain, and isolation. It denies gay men and lesbians their identity and their dignity; it labels their families as second-rate. That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the Fourteenth Amendment, and the dream of all Americans.”
Olson and Boies will argue the case on March 26th. The justices are also scheduled to hear arguments in a case challenging the so-called “defense of marriage act” the following day.
According to the LA Times,”Next week, the Obama administration must decide whether to take part in the California case by filing a “friend of the court” brief.
“The solicitor general is still looking into this,” President Obama said Wednesday in an interview with a San Francisco TV station. “I can tell you, though, obviously my personal view, which is that same-sex couples should have the same rights and be treated like everybody else.”
LGBT groups across the country are planning marches, or similar actions, during the pivotal week to show their support. (Click HERE to learn more.)