Main | Tuesday, January 29, 2013

FRC Files Proposition 8 Brief

The Family Research Council, in partnership with the anti-gay Thomas More Society, has filed Supreme Court brief against the overturn of Proposition 8. As they did with their DOMA brief, they argue that Proposition 8 is not intended to discriminate against gay people.
Even assuming, for purposes of disparate impact analysis, that sexual orientation is to be treated in the same manner as race or gender and subject to heightened scrutiny, plaintiffs have cited no competent evidence that even remotely supports the conclusion that in adopting Proposition 8, the People of California had the intent or purpose to discriminate against homosexuals who wish to marry someone of the same sex, as opposed to the knowledge that Proposition 8 could have a disparate impact on them.
The FRC's brief is 48 pages long. Please dig in and give us your thoughts.

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