U.S. Government Submits Amicus Brief To SCOTUS Saying Recognize Gay Marriage in Prop 8 Case


United States Solicitor General Donald B. Verrilli, Jr., filed a brief on behalf of the United States Government as amicus curiae in support of the Plaintiffs challenging California’s Proposition 8 in Hollingsworth v. Perry.  The Government’s brief urges the Supreme Court to affirm the landmark federal court of appeals ruling that upheld the decision of the federal district court that found Proposition 8 unconstitutional.

 In its brief, the Government argues that Proposition 8 should be subject to heightened judicial scrutiny because it discriminates on the basis of sexual orientation.  Since Proposition 8 cannot be justified as substantially furthering any important state interest, it violates the Equal Protection Clause of the Constitution.
Adam Umhoefer, executive director of the American Foundation for Equal Rights (AFER), the sole sponsor of the Perry case, issued the following statement:
The brief filed by the Solicitor General is a powerful statement that Proposition 8 cannot be squared with the principles of equality upon which this nation was founded.  It is an unprecedented call to action by our Government that it is time to recognize gay and lesbian Americans as full and equal citizens under the law.  AFER looks forward to having Solicitor General Verrilli and the Federal Government by our side as we make the case for marriage equality for all before the Supreme Court.”

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