Bipartisan Coalition of Amici Curiae Filing in Landmark Proposition 8 and DOMA Cases Stand Together for the Freedom to Marry and End to DOMA
February 28, 2013
Contact: Respect For Marriage Coalition Office / 202-567-5720
GOP, Labor, Business, Faith, Military Leaders, and Families File in Support of the Plaintiffs in Landmark Cases
Washington, D.C. — A broad bipartisan coalition of organizations filing briefs with the United States Supreme Court as amici curiae, or “friends of the Court,” in support of the plaintiffs in the landmark cases challenging California’s Proposition 8 and the so-called federal Defense of Marriage Act (DOMA) held a joint press conference on Thursday. The deadline to file briefs in the Proposition 8 case, Hollingsworth v. Perry, is today, and Friday for the DOMA case, United States v. Windsor.
The Hollingsworth v. Perry case challenges the constitutionality of the discriminatory “Prop 8” legislation in California, which was enacted in November 2008 and eliminated the right for same-sex couples to marry in California. The Windsor vs. United States case challenges Section 3 of DOMA, which was enacted by Congress in 1996 and nullifies the marriages of gay and lesbian couples for all purposes of federal law. The Supreme Court is scheduled to hear oral argument in Perry on Tuesday, March 26, 2013 and in Windsor on Wednesday, March 27, 2013. Leaders and representatives from national Republican, labor, business, health care, faith, and military organizations joined with families from across the country to speak about why they filed briefs with the U.S. Supreme Court in support of the freedom to marry and against DOMA.
“I’m proud to join more than one hundred other Republicans who believe gay Americans shouldn’t be excluded from the fundamental right to marry the person you love,” said former Republican Congressman Jim Kolbe. “As a Republican, I believe in protecting individual freedoms and that everyone – including gay and lesbian Americans -- has a Constitutional right to be treated equally under the law.”
In addition to Rep. Kolbe, more than 100 other Conservatives and Republicans have signed on to an amicus brief in support of the freedom to marry. Organized by Former RNC Chairman Ken Mehlman, that list includes Former President of the World Bank Paul Wolfowitz, Former Governor Jon Huntsman, Former Romney for President Campaign Manager Beth Myers, Former US Deputy Attorney General Jim Comey, former California gubernatorial candidate Meg Whitman, and Congresswoman Ileana Ros Lehtinen, among many others.
Military officials and veterans are also speaking out in support of equal treatment for gay and lesbian service members and their families, which is not possible until DOMA is overturned. DOMA also remains a substantial impediment to the military’s post-DADT recruiting and retention initiatives.
“As a military veteran, there is no question that the Defense of Marriage Act, or DOMA, discriminates against certain legally married service members, veterans, and their families,” said Congressman Patrick Murphy. “The impacts of DOMA are real and this discriminatory law injures morale, readiness, cohesion and performance. There is no constitutional justification, let alone military rationale, that weighs in favor of permitting these threats to today’s military and our national security to continue.”
“DOMA discriminates against same-sex legally married servicemembers, veterans, and their families,” said Captain Joan Darrah, US Navy (Ret). “Not only does it discriminate but it also unquestionably stands at odds with the military’s core value of equality and has hampered progress the military has tried to make post-DADT. By striking down DOMA, the military will be able to uphold its promises to its servicemembers.”
In the Windsor case, 278 major corporations and employers, including Fortune 500 companies, major U.S. cities and counties, technology companies, media companies, insurers, non-profits, law and professional firms, restaurants, builders, and airlines have signed onto an amicus brief calling for an end to DOMA. In Perry, more than 100 major businesses operating in California, signed an amicus brief speaking out against Proposition 8. This broad support for the plaintiffs in the Windsor and Perry cases is in stark contrast to the lack of support for Proposition 8 or DOMA. In fact, no businesses submitted a brief on the other side.
Labor unions agree that DOMA and marriage inequality is bad for employees, and labor organizations including SEIU, the Change to Win Coalition, AFL-CIO and the NEA co-authored an amicus brief in support of equal rights for all people. For more than a generation, unions have negotiated domestic partner benefits for the workers they represent. They have ensured that union families—gay, lesbian or straight—have crucial access to health care, family and medical leave (FMLA) benefits and many other workplace benefits.
“Working people are standing alongside millions of other Americans in this fight for marriage equality because we believe in fairness and equality and don't think federal or state law should penalize people simply because of who they love," said Valarie Long, Executive Vice President, SEIU. “The Court should uphold the Court of Appeals rulings striking down DOMA and Proposition 8 and affirm the fundamental rights of all Americans to recognition of their families."
A broad base of churches and religious organizations also submitted an amicus brief in support of the freedom to marry. Over 30 religious organizations that have signed on to briefs include the Bishops of the Episcopal Church, the Jewish Theological Seminary of America, Covenant Network of Presbyterians, and Methodist Federation for Social Action.
“Our position on same-sex marriage is derived from our religion that emphasizes equality and compassion,” said Sandy Sorensen, Director of Washington Office, Justice and Witness Ministries, United Church of Christ. “Our country is founded in equality and discriminating against same-sex couples runs in opposition to the core principals of our nation and my religion. We strive for equality and we urge that it be extended to all couples, regardless of sexual orientation.”
“I believe in the Christian principles of justice, compassion, inclusivity and, most importantly, love,” said Rev. Scott Slater, Chief of Staff, Episcopal Diocese of Maryland. “All loving couples deserve to make a vow of lifetime commitment to one another and to have that marriage celebrated and protected.”
In their ongoing work to support civil rights, the NAACP Legal Defense Fund also filed an amicus brief in support of striking down DOMA and ending the discrimination against gay and lesbian citizens and their families.
“DOMA and other civil laws that purposefully infringe on the rights of gay people create and perpetuate a discriminatory societal division,” said Kim Keenan, General Counsel, NAACP. “By categorically excluding gay people from federal protections and obligations that come with civil marriage, DOMA intentionally segregates citizens on the basis of status. DOMA must be struck down because it denies Americans equal protection under the law based solely on sexual orientation."
And one of the most important voices among these briefs comes from PFLAG National, who simply want their loved ones’ relationships to be recognized as equal and valid under the law.
“My wife and I are devout Christians, and marriage means so much to us that when our son Lee came out as gay we wanted to make sure that his love was recognized the same as ours,” said Mike Neubecker, a PFLAG brief signer in support of the freedom to marry. “Lee and his husband David are entitled to a marriage full of life, love and family – and we want that for all couples.”
The Respect for Marriage Coalition is a partnership of more than 100 civil rights, faith, health, labor, business, legal, LGBT, student, and women's organizations working together to end the Defense of Marriage Act (DOMA) and grow support for the freedom to marry. The Coalition is co-chaired by Freedom to Marry and the Human Rights Campaign.