Fulbright Team Files Amici Curiae Briefs on Behalf of Over 60 Public Interest Organizations in DOMA and Proposition 8 Cases

Fulbright Team Files Amici Curiae Briefs on Behalf of Over 60 Public Interest Organizations in DOMA and Proposition 8 Cases

On February 28, 2013, Fulbright filed amici curiae briefs on behalf of over 60 public interest organizations with the U.S. Supreme Court as part of the Proposition 8 and Defense of Marriage Act cases. The briefs urge the Court to apply heightened scrutiny under the Equal Protection clause to classifications that discriminate on the basis of sexual orientation.

The Court will hear oral arguments on March 26 in Hollingsworth v. Perry, the federal constitutional challenge to California's Proposition 8, a ballot proposition and state constitutional amendment passed in the November 2008 election, which provides that only marriage between a man and a woman is valid in California. On March 27, the Court will hear arguments in United States v. Windsor, a challenge to the constitutionality of the federal Defense of Marriage Act (DOMA). Congress enacted DOMA in 1996, nullifying the marriage of gay couples for all purposes of federal law.

The coalition of over 60 civil and human rights, public interest, and legal service organizations that signed on to one or both of the briefs include lead amici, the Leadership Conference on Civil and Human Rights, and the NAACP, LULAC, AARP, ACLU, Hispanic National Bar Association, and Connecticut Bar Association.

View Hollingsworth v. Perry brief here
View United States v. Windsor brief here


Jonathan S. Franklin led the Fulbright team, which also included Anne Rodgers, Mark Emery, Lauren Etlinger, Travis Torrence, Tara Tune, Eliot Turner, Jamie Whitney, and Geraldine Young from Fulbright's Litigation Practice.

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