Supreme Court Amicus Briefs
Online series looks at legal arguments in marriage case |
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Molly McKay, MEUSA Media Director, and Pamela Brown, MEUSA Policy Director talk with Matthew Bajko at the Bay Area Reporter about our Friends of the Court series. While the state’s Supreme Court justices have to digest more that 90 briefs that have been submitted in the consolidated Marriage cases, MEUSA will be producing a daily briefing on the 30 amicus briefs that were filed in favor of the freedom to marry so you too can be a legal expert just in time for the March 4th hearing.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: The constitution and the pursuit of happiness |
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This 14th (and final) installment looks at amicus briefs by Professor (and former Justice) Joseph Grodin, five bar associations, and 17 constitutional lawyers provide various options of constitutional analysis that would justify ending the ban on marriage equality. These options inlcud, but are not limited to, the right to marry a person of one's choice is a fundamental constitutional right; that sexual orientation should be deemed a suspect class subject to strict scrutiny review; and that no legitimate state interest exists to bar same-sex couples from marrying.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Unfair prejudice must never prevail |
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This 13th installment looks at the amicus brief by the Southern Poverty Law Center that asserts as the Court did in Perez v. Sharp (the case that ended California's ban on interracial marriage), it should once again stand up in support of every individual having the right to marry the person of their choice. Furthermore, it asserts that California's electorate approving Proposition 22 and the governor vetoing marriage equality legislation 'out of respect for the will of the People' amounts to the tyranny of the majority and the Court is obligated to strike any act of discrimination, of unfair prejudice, down.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Professional groups
weigh in on gay marriage |
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Six leading national and statewide professional associations, including the American Psychological Association, that collectively represent over 350,000 professionals have joined with the Committee on Civil Rights in the San Francisco Bay Area to file two amicus briefs that highlight the emotional and psychological harms of categorically denying gays and lesbians the opportunity to get married. One amicus brief states "By allowing same-sex couples the right to marry, the court would end the anti-gay stigma imposed by the state of California through its ban on marriage rights for same-sex couples. In addition, allowing same-sex couples the right to marry would give them access to the social support that already facilitates and strengthens heterosexual marriages."
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Civil rights groups support gay marriage |
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The eleventh installment talks about four briefs filed with the Supreme Court on behalf of 26 different civil rights organizations, including Marriage Equality USA, Freedom to Marry and National Gay and Lesbian Task Force, that contends domestic partnerships will never provide same-sex couples equal protection (a point reached in a report published last week's by New Jersey Civil Union Commision). Stating the California Constitution doesn't have a virtually equal protection clause, but an equal protection clause, these civil rights organizations collectively call on the California Supreme Court to end the ban on marriage for same-sex couples.
For more on this story, go to Bay Area Reporter's Website |
Online Extra: Friends of the Court: Business boon with gay marriage |
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The tenth installment examines briefs filed by GLAD and the Equality Alliance along with seventeen International Law Professors that touts marriage equality in Massachusetts, Canada, Spain, South African and the other countries where same-sex couples can wed results in no harm. The lives of opposite-sex couples are not adversely impacted and the lives of same-sex couples are greatly enriched. Furthermore, an amicus brief filed by Out & Equal, Levis Strauss and the San Francisco Chamber of Commerce states marriage equality is good business.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Women's groups weigh in on marriage case |
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This ninth installment looks at briefs filed by women's rights groups that contend the current ban on marriage for same-sex couples not only constitutes gender discrimination (since the gender of the intended spouse is the sole factor preventing those marriages), but that this ban serves as a means to institutional sex stereotypes that have rightfully been ruled invalid in other areas of the law.
For more on this story, go to Bay Area Reporter's Website |
Online Extra: Friends of the Court:
Family lawyers and doctors examine marriage case |
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This eighth installment examines briefs filed by 23 notable family law professors, matrimonial lawyers and California pediatric associations that highlight by denying same-sex couples the freedom to marry you not only harm these couples, but the children they raise. These amicus briefs assert the surest way to provide same-sex couples the same rights and protections that marriage provides, is to provide these couples marriage itself.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Religious believers and doubters share faith in gay marriage |
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This seventh installment discusses briefs filed by over 400 religious groups and clergy, along with an atheist and scientific organization that all encourage the State to apply the marriage laws neutrally, support the separation of church and state, and allow same-sex couples the freedom to marry. MEUSA member Frank Howell contributed to the production of this piece.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Asian groups back gay marriage |
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This sixth installment looks at briefs from multiple Asian Pacific American organizations that asserts by the State examining its prior exclusionary marriage laws, particularly how Asain Pacific Americans were previously restricted from the right to marry, the Court can recognize once again it is being called upon to protect fundamental Constitutional rights as gays and lesbians are today denied the freedom to marry.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: DPs fall short on privacy |
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This fifth installment looks at amicus briefs by the Anti-Defamation League, LGBT community centers, and the Santa Clara County Bar Association that highlight the fact that because same-sex couples cannot use the neutral title of "marriage," any question regarding relationship status for domestic partners also requires them to disclose their sexual orientation and for some, the potential of being "outed" may dissuade them from even registering at all. Furthermore, the state's separate system of domestic partnerships has burdened same-sex couples with an unreasonable degree of legal uncertainty that threatens to affect every aspect of their lives.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Decisions are not popularity contests |
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This fourth installment looks at briefs filed by law Professor Jesse Choper and the Bar Association of San Francisco that highlight the importance of the Court remaining independent, not being swayed by popular opinion, when deciding cases that involve the protection of constitutional liberties. Furthermore, prior decisions of this court demonstrate that social and political issues, once deemed controversial, are now accepted within society.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Lawmakers' goal is equality |
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This third installment looks at amicus briefs filed by California lawmakers and Professor William Eskridge. In filing this amicus brief, California lawmakers wanted to clearly assert that domestic partnerships have always been seen as steps towards the ultimate goal of marriage equality. Professor Eskridge contends that the Court should end the “burden of inertia” between the Governor and the Legislature and allow same-sex couples the freedom to marry, just as the Supreme Judicial Court in Massachusetts did.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Cities, counties push for change |
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This second installment looks at the brief filed by California cities and counties and one filed by researchers at the Williams Institute. Yesterday, in over 20 statewide actions, same-sex couples headed into our county clerk’s offices to request marriage licenses with the hopes that this is the last year they will be turned away. This article highlights same-sex couples live throughout the state of California and more of our local representatives are standing up in support of our freedom to marry. Twenty cities and counties, including seven of the ten largest cities, have signed onto this amicus brief requesting the court end the ban on marriage for same sex couples. This article shares stories from several cities and counties that have taken active stands in ending the ban on marriage for same-sex couples.
For more on this story, go to Bay Area Reporter's Website |
Online extra: Friends of the Court: Briefs by black groups cite equality |
| The first installment highlights Howard University's civil rights clinic, the California NAACP, and the NAACP Legal Defense and Education Fund that discuss how the arguments used in favor of banning marriage for same-sex couples are the same stale arguments used in the ban on interracial marriage. Furthermore, this story highlights how the Perez v. Sharp and Loving v. Virginia cases that ended the ban on interracial marriage should also apply to ending the ban on marriage for same-sex couples.
For more on this story, go to Bay Area Reporter's Website |
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