Equality Federation Signs on to Amicus Brief as Marriage Cases Make Their Way to the Supreme Court

September 24, 2014

In the wake of the Supreme Court’s historic decision in Windsor v. United States last June, we have seen over 10 states win the freedom to marry for same-sex couples. We have witnessed 40 wins, and two losses, for the freedom to marry, and with 81 cases pending in 32 states, the time is right for the Supreme Court to consider one or more of the federal marriage equality cases.

On September 29, the Court will have their first opportunity to decide which, if any, marriage case(s) to hear in their current term. This means that we could have a nationwide marriage ruling as soon as June 2015.

The cases before the justices come from five states - Indiana, Oklahoma, Utah, Virginia, and Wisconsin. And in recent weeks, briefs have been filed by some of the best lawyers in the nation, each arguing why their case is the right one for the Court to hear to establish a nationwide right to same-sex marriage.

We at the Federation believe it is time for the Supreme Court to grant the freedom to marry for same-sex couples in all states. That’s why Equality Federation has joined with fellow LGBT rights organizations COLAGE, Family Equality Council, Freedom to Marry, and Parents, Families & Friends of Lesbians & Gays (PFLAG) in filing a brief in support of the Supreme Court hearing one or more of the marriage cases.

Three identical amicus briefs were filed on behalf of these LGBT organizations in the cases of Herbert v. Kitchen (Utah), Smith v. Bishop (Oklahoma), and Rainey v. Bostic (Virginia). The briefs ask the Court to hear one or more of these marriage cases soon, as “every day of [marriage] denial cases real harm.”

This harm is felt not only by same-sex couples excluded from marriage, but by their children and extended families as well. These couples and their families face tangible injuries, such as denial of access to spousal health insurance coverage to loss of crucial public benefits, as well as severe dignitary injury from being treated as second-class citizens.

The brief, which can be found here, states:

“Marriage is not a single event. It is the frame-work for and the backbone of a lifetime shared. Many same-sex couples have been together for decades, while others are just beginning their lives together. Like all couples, same-sex couples assume myriad responsibilities to each other and to their children and experience immeasurable joys, daunting challenges, triumphs and tragedies large and small – all on a daily basis. Those excluded from civil marriage face these stresses with one hand tied behind their back –forced to negotiate social, economic, medical, and regulatory frameworks that neither protect nor honor them.

This is not an abstract problem. Every single day, denial of the right to marry and refusal to respect lawful marriages result in concrete injury to LGBT families and their children. The harms occurring daily cannot be undone; they can only be stopped, and only this Court can stop them nationwide. We respectfully request that the Court grant certiorari to affirm the freedom to marry and the guarantee of equal protection, and end marriage discrimination and the harms it continues to inflict.”

Read the full brief here.

We’re closer than ever to winning the freedom to marry nationwide. As we wait for the Supreme Court to hear a case, the Federation is committed to working with state-based leaders and our national partners to continue building public support for marriage.

We are proud to join with fellow LGBT organizations in asking the Court to be on the right side of history.

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