Friday, June 26, 2009

ACLU, NCLR File Briefs in Support of Federal Prop 8 Lawsuit, Perry v. Schwarzenegger

06/26/09 San Jose Mercury News (source: Gay Marriage Watch):

In court briefs filed Thursday night, the American Civil Liberties Union and the National Center for Lesbian Rights formally endorsed the arguments of a high-powered legal team trying to block Prop 8 in federal court in San Francisco.

Here is the brief, and here is the press release by the American Foundation for Equal Rights. The Advocate also reports on the brief.

The ACLU and the NCLR argue that "Proposition 8's declaration of inequality fails to meet even the minimal level of constitutional scrutiny demanded by the federal equal protection guarantee." Under this "rational basis" standard of constitutionality, Prop. 8 must advance a legitimate government purpose for discrimination based on sexual orientation. Although Boies and Olson also argue that Prop. 8 fails to satisfy the "rational basis" standard of constitutionality, the ACLU and NCLR examine the unique circumstances under which it does:

Considering the unique circumstances surrounding its enactment and stated intent of stripping same-sex couples of the status of mariage while leaving intact all of the other substantive rights of same-sex couples, the sole purpose of Proposition 8 manifestly is to establish a declaration of the inequality of gay and lesbian couples under California law.

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