The Equal Justice Society signed on to amicus briefs filed with the U.S. Supreme Court last week in two marriage equality cases.
In Hollingsworth v. Perry, EJS signed on to an amicus brief filed by Munger, Tolles & Olson LLP in support of the Ninth Circuit’s decision holding that California’s Proposition 8, which bans same-sex marriage, violates the Equal Protection Clause. The brief argues that Proposition 8 should be held unconstitutional even under rational basis review.
In Windsor v. United States of America, EJS signed on to an amicus brief filed by the Leadership Conference on Civil and Human Rights and other civil rights, women’s rights, and human rights organizations, bar associations, and public interest and legal service organizations. The brief argues that laws discriminating on the basis of sexual orientation should be subject to heightened scrutiny under the Equal Protection Clause, applying the factors that the Supreme Court has used in past cases to determine which level of scrutiny should apply in equal protection cases. The brief urged the court to apply heightened judicial scrutiny to the Defense of Marriage Act (DOMA) and other laws that classify on the basis of sexual orientation.
The Court will hear arguments on these cases on March 26 and 27.