7 Days to SCOTUS oral arguments
Super awesome 12 year old writes to Supreme Court Justice Roberts about Prop 8
Daniel, the 12-year-old son of the Leffew Family in Northern California, wrote an amazing letter to Chief Justice Roberts about the Prop 8 and DOMA cases, after reading that Roberts has two adopted children of his own.
From the YouTube description: “So our kids know that Prop 8 is coming to the Supreme Court soon and that could be a very big deal for our family. When they found out that one of the Justices hearing the case had two adopted children, they said, “Hey! They’re just like us!”…and so, in a moment that made his dads very proud, Daniel decided to write a letter to Justice Roberts in the hopes that he will see that our families are not so different.”
Daniel, suffering from a genetic disorder affecting the left side of his face, urges Roberts to strike down California’s Proposition 8. He says his fathers provided him and his sister with a wonderful life when no one else wanted to, and their family should be treated no differently than others.
Hearing Daniel read his letter is pretty powerful. These dads are doing a great job raising their family.
Last week National Organization for Marriage Chairman John Eastman made some particularly ugly comments regarding Justice Roberts and his family by calling adopted children “second-best”.
(via Towleroad)
CA: Chris Kluwe & Brendon Ayanbedejo file amicus brief in support of same-sex marriage
LGBT allys and NFL football players Chris Kluwe (Minnesota Vikings) and Brendon Ayanbedejo (Baltimore Ravens) have filed their own amicus brief in support of repealing Prop 8 in California. The brief was filed on the last day “friend of the court” briefs could be filed.
From ESPN:
In the brief, Kluwe and Ayanbadejo argue that athletes have a good deal of influence — for better or worse — and they wanted to express their support for the right of gays to marry legally.
“When we advance the idea that some people should be treated differently because of who they are,” they wrote, “demeaned in public as lesser beings, not worthy of the same rights and benefits as others despite their actions as good citizens and neighbors, then we deny them equal protection under the laws. America has walked this path before, and courageous people and the Court brought us to the right result. We urge the Court to repeat those actions here.”
Press Conference: President Obama speaks on Prop 8 repeal
At a press conference, President Obama was asked about his administration’s amicus brief filed in the Prop 8 SCOTUS case:
“The specific question presented before the Court right now is whether Prop 8 and the California law is unconstitutional and what we’ve done is we’ve put forward a basic principle which applies to all equal protection cases. Whenever a particular group is being discriminated against, the court asks the question, what is the rational for this. And it better be a good reason. And if you don’t have a good reason, we’re going to strike it down.”
Ellen Degeneres “files” her own brief with the Supreme Court
“I’ve never filed a brief to the Supreme Court, so I thought I would post mine here. I’m sure someone will tweet it to them. Portia and I have been married for 4 years and they have been the happiest of my life. And in those 4 years, I don’t think we hurt anyone else’s marriage. I asked all of my neighbors and they say they’re fine. But even though Portia and I got married in the short period of time when it was legal in California, there are 1,138 federal rights for married couples that we don’t have, including some that protect married people from losing their homes, or their savings or custody of their children.
“The truth is, Portia and I aren’t as different from you as you might think. We’re just trying to find happiness in the bodies and minds we were given, like everyone else. In the words of Benjamin Franklin, ‘We’re here, we’re queer, get over it.’ And there’s another famous quote that says ‘A society is judged by how it treats its weakest members.’ I couldn’t agree with that more. No one’s really sure who said it first, so if anyone asks, tell them I said it.” – Ellen DeGeneres, writing on her website, “files” her own brief with SCOTUS
Obama administration files amicus brief in SCOTUS Prop 8 case
The Obama administration has filed a “friend of the court” brief asking the Supreme Court to uphold the repeal of Prop 8.
While the administration’s friend-of-the-court brief in the Proposition 8 case does not call for marriage equality across the United States, it does point the court in that direction.
A Supreme Court ruling in line with the administration’s argument could have broad implications and almost certainly expand the rights of same-sex couples to wed.
The administration’s nonbinding brief contends that denying gays and lesbians the right to marry violates the Constitution’s Equal Protection Clause. The document urges the justices to give extra rigorous review to any law that discriminates on the basis of sexual orientation.
SCOTUSblog writes:
Administration sources said that President Obama was involved directly in the government’s choice of whether to enter the case at all, and then in fashioning the argument that it should make. Having previously endorsed the general idea that same-sex individuals should be allowed to marry the person they love, the President was said to have felt an obligation to have his government take part in the fundamental test of marital rights that is posed by the Proposition 8 case. The President could take the opportunity to speak to the nation on the marriage question soon.
In essence, the position of the federal government would simultaneously give some support to marriage equality while showing some respect for the rights of states to regulate that institution. What the brief endorsed is what has been called the “eight-state solution” — that is, if a state already recognizes for same-sex couples all the privileges and benefits that married couples have (as in the eight states that do so through “civil unions”) those states must go the final step and allow those couples to get married. The argument is that it violates the Constitution’s guarantee of legal equality when both same-sex and opposite-sex couples are entitled to the same marital benefits, but only the opposite-sex couples can get married.
The eight states that apparently would be covered by such a decision are: California (whose Proposition 8, which denies marriage to couples who already have all of the other marital benefits, would fall), Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Rhode Island.
Major corporations to file SCOTUS joint brief in support of Prop 8 repeal
Come Thursday, dozens of major corporations will file a joint Supreme Court brief in support of the overturn of Prop 8.
From Fortune Magazine:
On Thursday, dozens of American corporations, including Apple, Alcoa, Facebook, eBay, Intel, and Morgan Stanley will submit an amicus brief in the landmark Hollingsworth v. Perry case broadly arguing to the U.S. Supreme Court that laws banning same-sex marriages, like California’s ballot initiative Proposition 8, are unconstitutional under the Due Process and Equal Protection Clauses.
According to a draft copy obtained by Fortune, the companies argue that such laws “send an unmistakeable signal that same-sex couples are in some way inferior to opposite-sex couples, a proposition that is anathema to amici’s commitment to equality and fair treatment to all.”
At least 60 companies had committed to signing the brief as of Tuesday evening, according to Joshua Rosenkranz, who is counsel of record on the brief and head of the Supreme Court and appellate litigation practice at Orrick, Herrington & Sutcliffe. That number is expected to rise by Thursday, however, according to Rosenkranz. Others who have already committed to sign include AIG, Becton Dickinson, Cisco, Cummins, Kimpton, Levi Strauss, McGraw Hill, NCR, Nike, Office Depot, Oracle, Panasonic, Qualcomm, and Xerox.
(via JMG)
Conservative leaders file brief in support of SCOTUS Prop 8 repeal
Via press release: This week, more than 80 social and political conservatives, moderates, and libertarians from diverse religious, racial, regional, and philosophical backgrounds will file an amicus curiae, or “friend of the Court,” brief with the United States Supreme Court in support of the Plaintiffs challenging California’s Proposition 8 in Hollingsworth v. Perry.
Those currently listed as signatories to the brief include Mary Bono Mack, Alex Castellanos, James B. Comey, Gary Johnson, Stephen Hadley, Jon Huntsman, James Kolbe, Ken Mehlman, Steve Schmidt, William F. Weld, Christine Todd Whitman, and Meg Whitman.
Enacted in November 2008, Proposition 8 eliminated the fundamental freedom of gay and lesbian Californians to marry.
The American Foundation for Equal Rights (AFER) is the sole sponsor of Hollingsworth v. Perry, the federal constitutional challenge to Proposition 8.
“The support for marriage equality demonstrated by this amicus brief represents a microcosm of what we see happening all across the country,” said AFER executive director Adam Umhoefer. “Americans are united behind the concepts of freedom, dignity and strong families. Since the inception of our case, AFER has worked to strip the partisan veil that had existed for too long around marriage equality. The conservative movement toward the freedom to marry is what we like to call the ‘Ted Olson effect.’ We value the support of our conservative colleagues and welcome their voices to the growing majority of Americans who stand for marriage equality.”
Building bi-partisan support has been part of AFER’s mission ever since the filing of its federal constitutional challenge to overturn Proposition 8. AFER assembled a bi-partisan legal team led by Theodore B. Olson, Solicitor General of the United States during the first term of President George W. Bush, and renowned litigator David Boies to demonstrate that Proposition 8 violates the United States Constitution by denying millions of people their fundamental right to marry and their right to equal protection of the laws.
While the list of amici continues to grow, the current list includes:
- Ken Mehlman, Chairman, Republican National Committee, 2005-2007
- Tim Adams, Undersecretary of the Treasury for International Affairs, 2005-2007
- David D. Aufhauser, General Counsel, Department of Treasury, 2001-2003
- Cliff S. Asness, Businessman, Philanthropist, and Author
- John B. Bellinger III, Legal Adviser to the Department of State, 2005-2009
- Katie Biber, General Counsel, Romney for President, 2007-2008 and 2011-2012
- Mary Bono Mack, Member of Congress, 1998-2013
- William A. Burck, Deputy Staff Secretary, Special Counsel and Deputy Counsel to the President, 2005-2009
- Alex Castellanos, Republican Media Advisor
- Paul Cellucci, Governor of Massachusetts, 1997-2001, and Ambassador to Canada, 2001-2005
- Mary Cheney, Director of Vice Presidential Operations, Bush-Cheney 2004
- Jim Cicconi, Assistant to the President & Deputy to the Chief of Staff, 1989-1990
- James B. Comey, United States Deputy Attorney General, 2003-2005
- R. Clarke Cooper, U.S. Alternative Representative, United Nations Security Council, 2007-2009
- Julie Cram, Deputy Assistant to the President and Director White House Office of Public Liaison, 2007-2009
- Michele Davis, Assistant Secretary for Public Affairs and Director of Policy Planning, Department of the Treasury, 2006-2009
- Kenneth M. Duberstein, White House Chief of Staff and Assistant to the President, 1981-1984 and 1987-1989
- Lew Eisenberg, Finance Chairman, Republican National Committee, 2002-2004
- Elizabeth Noyer Feld, Public Affairs Specialist, White House Office of Management and Budget, 1984-1987
- David Frum, Special Assistant to the President, 2001-2002
- Richard Galen, Communications Director, Speaker’s Political Office, 1996-1997
- Mark Gerson, Chairman, Gerson Lehrman Group and Author of The Neoconservative Vision: From the Cold War to the Culture Wars and In the Classroom: Dispatches from an Inner-City School that Works
- Benjamin Ginsberg, General Counsel, Bush-Cheney 2000 & 2004
- Adrian Gray, Director of Strategy, Republican National Committee, 2005-2007
- Richard Grenell, Spokesman, U.S. Ambassadors to the United Nations, 2001-2008
- Patrick Guerriero, Mayor, Melrose Massachusetts and member of Massachusetts House of Representatives, 1993-2001
- Carlos Gutierrez, Secretary of Commerce, 2005-2009
- Stephen Hadley, Assistant to the President and National Security Advisor, 2005-2009
- Richard Hanna, Member of Congress, 2011-Present
- Israel Hernandez, Assistant Secretary of Commerce for International Trade, 2005-2009
- Margaret Hoover, Advisor to the Deputy Secretary of Homeland Security, 2005-2006
- Michael Huffington, Member of Congress, 1993-1995
- Jon Huntsman, Governor of Utah, 2005-2009
- David A. Javdan, General Counsel, United States Small Business Administration, 2002-2006
- Reuben Jeffery, Undersecretary of State for Economic, Energy, and Agricultural Affairs, 2007-2009
- Greg Jenkins, Deputy Assistant to the President and Director of Presidential Advance, 2003-2004
- Coddy Johnson, National Field Director, Bush-Cheney 2004
- Gary Johnson, Governor of New Mexico, 1995-2003
- Robert Kabel, Special Assistant to the President for Legislative Affairs, 1982-1985
- Theodore W. Kassinger, Deputy Secretary of Commerce, 2004-2005
- Jonathan Kislak, Deputy Undersecretary of Agriculture for Small Community and Rural Development, 1989-1991
- David Kochel, Senior Advisor to Mitt Romney’s Iowa Campaign, 2007-2008 and 2011-2012
- James Kolbe, Member of Congress, 1985-2007
- Jeffrey Kupfer, Acting Deputy Secretary of Energy, 2008-2009
- Kathryn Lehman, Chief of Staff, House Republican Conference, 2003-2005
- Daniel Loeb, Businessman and Philanthropist
- Alex Lundry, Director of Data Science, Romney for President, 2012
- Greg Mankiw, Chairman, Council of Economic Advisers, 2003-2005
- Catherine Martin, Deputy Assistant to the President and Deputy Communications Director for Policy & Planning, 2005-2007
- Kevin Martin, Chairman, Federal Communications Commission, 2005-2009
- David McCormick, Undersecretary of the Treasury for International Affairs, 2007-2009
- Mark McKinnon, Republican Media Advisor
- Bruce P. Mehlman, Assistant Secretary of Commerce, 2001-2003
- Connie Morella, Member of Congress, 1987-2003 and U.S. Ambassador to the Organization for Economic Co-operation and Development, 2003-2007
- Michael E. Murphy, Republican Political Consultant
- Michael Napolitano, White House Office of Political Affairs, 2001-2003
- Ana Navarro, National Hispanic Co-Chair for Senator John McCain’s Presidential Campaign, 2008
- Noam Neusner, Special Assistant to the President for Economic Speechwriting, 2002-2005
- Nancy Pfotenhauer, Economist, Presidential Transition Team, 1988 and President’s Council on Competitiveness, 1990
- J. Stanley Pottinger, Assistant U.S. Attorney General (Civil Rights Division), 1973-1977
- Michael Powell, Chairman, Federal Communications Commission, 2001-2005
- Deborah Pryce, Member of Congress, 1993-2009
- John Reagan, New Hampshire State Senator, 2012-Present
- Kelley Robertson, Chief of Staff, Republican National Committee, 2005-2007
- Ileana Ros-Lehtinen, Member of Congress, 1989-Present
- Harvey S. Rosen, Member and Chairman, Council of Economic Advisers, 2003-2005
- Lee Rudofsky, Deputy General Counsel, Romney for President, 2012
- Patrick Ruffini, eCampaign Director, Republican National Committee, 2005-2007
- Steve Schmidt, Deputy Assistant to the President and Counselor to the Vice President, 2004-2006
- Ken Spain, Communications Director, National Republican Congressional Committee, 2009-2010
- Robert Steel, Undersecretary of the Treasury for Domestic Finance, 2006-2008
- David Stockman, Director, Office of Management and Budget, 1981-1985
- Jane Swift, Governor of Massachusetts, 2001-2003
- Michael E. Toner, Chairman and Commissioner, Federal Election Commission, 2002-2007
- Michael Turk, eCampaign Director for Bush-Cheney 2004
- Mark Wallace, U.S. Ambassador to the United Nations, Representative for UN Management and Reform, 2006-2008
- Nicolle Wallace, Assistant to the President and White House Communications Director, 2005-2008
- William F. Weld, Governor of Massachusetts, 1991-1997, and Assistant U.S. Attorney General (Criminal Division), 1986-1988
- Christine Todd Whitman, Governor of New Jersey, 1994-2001, and Administrator of the EPA, 2001-2003
- Meg Whitman, Republican Nominee for Governor of California, 2010
- Robert Wickers, Republican Political Consultant
- Dan Zwonitzer, Wyoming State Representative, 2005-present
Cleve Jones & David Mixner call for peaceful demonstrations regarding DOMA/Prop 8 SCOTUS cases
Longtime LGBT activists Cleve Jones and David Mixner have posted “a call to action”, calling for local demonstrations and grassroots actions around the time the Supreme Court will hear the Prop 8 and DOMA cases on March 26 and 27. From Jones and Mixner: “Between us, we have over 80 years of experience in the movement for peace and social justice. In particular, as gay men, we have fought for the rights and dignity of our own community, known today as LGBT. We do not claim that age necessarily brings wisdom, but it does bring memories and we have many… Now is the time, once again, to recognize the unique moment before us and to act with the greatest power and intelligence possible.” The activists say the best way to deal with the rally being organized by the anti-gay National Organization to Marriage is to “ignore them.” Instead, they “encourage all LGBT advocates and all fair-minded Americans who believe in equality and justice to take part in public actions on during the last week of March.” Link to Facebook page: National Equality Action. (source)
Prop 8 proponents file opening brief with SCOTUS
The anti-gay proponents of Proposition 8 have filed their opening brief with the Supreme Court.
Buzzfeed‘s Chris Geidner reports:
Arguing that the case brought by same-sex couples seeking to marry was unlike past gay rights cases where the court struck down anti-gay restrictions and also unlike Loving v. Virginia, in which the court struck down bans on interracial marriage, the proponents of Proposition 8 argue that there is no historic reason “for invalidating marriage as it has existed in California for virtually all of its history, as it was universally understood throughout this Nation (and the world) until just the last decade, and as it continues to be defined in the overwhelming majority of States and Nations.”
SCOTUS is scheduled to hear oral arguments on March 26.