Our Engagement With The Supreme Court

December 7, 2012 By John O'Connor

supreme court prop 8 engagement Today, the Supreme Court of the United States announced that it will review the case of Hollingsworth v. Perry, better known to us as the Proposition 8 case. The court also announced that it will review a case, United States v. Windsor, challenging the federal Defense of Marriage Act.

While we would have preferred for the court to decline to hear the Prop. 8 case — which would have immediately restored the freedom to marry in California — we’ve prepared for this and we intend to file a friend-of-the-court brief urging the court to find Prop. 8 unconstitutional.

The arguments in favor of the freedom to marry are strong, and we are confident that they will receive a fair hearing from the court. And as we have seen in the last month, the nation has taken important steps forward toward affirming this basic human right — we know that full equality is coming.

The Defense of Marriage Act case, United States v. Windsor, that the court has taken up has federal implications for married same-sex couples in California. We have been heartened by the Obama administration’s refusal to defend this unjust and unfair law. Equality California previously has participated as a friend-of-the-court in federal DOMA litigation, and we plan to do so again in United States v. Windsor.

Our sympathies are with those of you who are in loving, committed relationships, waiting to marry. The court is unlikely to rule before June 2013, and we understand the discriminatory burden placed upon you, waiting for an affirmation of your rights. We want the freedom to marry restored as soon as possible, just as you do.

And that’s why while the court continues to consider this case, we’ll be pushing forward with our part of The Breakthrough Conversation, a cutting edge and research based program to eliminate the barriers to full lesbian, gay, bisexual and transgender equality. We will also continue our legislative work, identifying and providing much needed protections for lesbian, gay, bisexual and transgender Californians.

We will have more information for you as the cases develop, and you can always check in at eqca.org to find out the latest.

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