Amicus Briefs in Doma Challenge

labrea_gwJuly 12, 2012

Amicus Briefs have been filed for the Golinski challenge to DOMA. My Representative Jerold Nadler leads a group of Democrats (not one single miserable republican) in an AMICUS BRIEF that challenges DOMA. More important have also joined








Judge White quoted passages from the floor debate on the Defense of

Marriage Act ("DOMA") that evidence a generalized congressional disapproval of

homosexuality. 142 Cong. Rec. H7444 (daily ed. July 11, 1996) (statement of

Rep. Coburn); 142 Cong. Rec. H7486 (daily ed. July 12, 1996) (statement of Rep.

Buyer); Id. at H7494 (statement of Rep. Smith) ("�immoral,� �depraved,�

�unnatural,� �based on perversion,� and �an attack upon God�s principles.�"). Other

statements at the debate reflect a belief that permitting homosexuals to marry

would harm the institution of marriage and be inimical to the welfare of children of

same sex couples. For example, one Representative said that it is a "fundamental,

unavoidable fact of our human nature" that heterosexual marriage is "the ideal

structure within which" to raise children. Defense of Marriage Act: Hearing

Before the Subcomm. on the Constitution of the H. Comm. on the Judiciary, 104th

Cong. 1 (1996) (statement of Rep. Canary, Chairman, H. Subcomm. on the

Case: 12-15388 07/10/2012 ID: 8243116 DktEntry: 94 Page: 14 of 40-4-

Constitution). Another said that heterosexual marriage is "uniquely capable of * *

* nurturing children." Id. at 1-2. Another said that the bill will deter "erosion of

the family and the erosion of marriage because marriage is the bond that keeps the

family together." Id. at 33 (statement of Rep. Sensenbrenner, Member, H. Comm.

on the Judiciary). And yet another, quoting the Declaration of Independence, said

that the bill reflects "truths that are self-evident." Id. at 36 (statement of Rep.

Inglis, Member, H. Subcomm. on the Constitution).

In fact, however, the claim that legal recognition of marriage for same�sex

couples undermines the institution of marriage and harms their children is

inconsistent with the scientific evidence. That evidence supports the conclusion

that homosexuality is a normal expression of human sexuality that is not chosen;

that gay and lesbian people form stable, committed relationships that are

equivalent to heterosexual relationships in essential respects; and that same-sex

couples are no less fit than heterosexual parents to raise children and their children

are no less psychologically healthy and well-adjusted than children of opposite sex


The body of research presented below strongly supports the conclusion that

discrimination by the federal government between married same-sex couples and

married opposite-sex couples in awarding benefits unfairly stigmatizes same-sex

couples. The research also contravenes the stereotype-based rationales that were

Case: 12-15388 07/10/2012 ID: 8243116 DktEntry: 94 Page: 15 of 40-5-

advanced to support passage of DOMA and that the Equal Protection component

of the Due Process Clause was designed to prohibit.

Now here is the problematic section for the the thugs to wrap their feeble minds around.

"C. There Is No Scientific Basis for Concluding That Gay and Lesbian

Parents Are Any Less Fit or Capable Than Heterosexual Parents, or

That Their Children Are Any Less Psychologically Healthy and

Well Adjusted."

Science & study versus ITHINK THAT or my pastor says.

It goes on to state

II. Homosexuality Is A Normal Expression of Human Sexuality, Is

Generally Not Chosen, And Is Highly Resistant To Change.

Sexual orientation refers to an enduring disposition to experience sexual,

affectional, and/or romantic attractions to one or both sexes. It also encompasses

an individual�s sense of personal and social identity based on those attractions, on

behaviors expressing those attractions, and on membership in a community of

others who share those attractions and behaviors.

2 Although sexual orientation

ranges along a continuum from exclusively heterosexual to exclusively

homosexual, it is usually discussed in three categories: heterosexual (having

sexual and romantic attraction primarily or exclusively to members of the other

sex), homosexual (having sexual and romantic attraction primarily or exclusively

to members of one�s own sex), and bisexual (having a significant degree of sexual

and romantic attraction to both sexes).

Amici emphasize that the abilities of gay and lesbian persons as parents and

the positive outcomes for their children are not areas where credible scientific

researchers disagree.

Now this would all be great if the lawsuit were about children but it's not. It's about receiving benefits due to a spouse.

Thank You Jerold Nadler & the Democrats who signed on the rest can go screw.

The Senate Amicus brief tries to claim there is no animus in

DOMA (you could have effing fooled me to listen to the testimony that supported it while it was debated) The signed by the fool Bill (pull up your own pants Clinton)

Republican Senator Orrin Hatch and nine of his GOP colleagues, including Minority Leader Mitch McConnell, have filed an amicus brief in support of DOMA with the Ninth Circuit Court of Appeals in the case of Golinski v. OPM.

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Gosh the money we spend on things like this!

    Bookmark   July 12, 2012 at 8:22AM
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tobr24u(z6 RI)

The struggle continues but the goal is in sight IMHO...

    Bookmark   July 12, 2012 at 8:26AM
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In my humble opinion, this shouldn't even be an issue. People are people, and we're all unique. And, we are all deserving of full equal recognition under the law... regardless what a few old religious farts locked in the past think.

Why this is such a struggle is beyond me... religious ideals and personal morals aren't supposed to interfere with legislating. The length of time spent on this is simply ridiculous. Homophobia should be on the cutting block for outlawing.

    Bookmark   July 12, 2012 at 8:50AM
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Yeah The American Freaking Dream and the Republican party at odds how odd!~

    Bookmark   July 12, 2012 at 2:26PM
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I always notice that threads on equality only get a lot of traffic if there are zygotes and fetuses involved... wonder why that is?

    Bookmark   July 13, 2012 at 7:57AM
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It's why I threw in the sections about children the briefs are very long.
US justice & equality are like US health Care & everything else in this country if it doesn't mean anything to me personally interest is rather lethargic.
Hey Jodik there are gay USIANS on this forum never have a thing to say about it either.

    Bookmark   July 13, 2012 at 8:25AM
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nancy_in_venice_ca Sunset 24 z10

if it doesn't mean anything to me personally interest is rather lethargic.

Here's your answer: claim that attempts to deny equality for LGBTs will raise taxes. Then watch as mud is slung.

    Bookmark   July 13, 2012 at 3:22PM
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That's such a shame, Joe. It doesn't affect me on a personal level, but I can't run and hide when things comes up that don't affect me. I'd rather stand up for what I know to be right, help if I can, and get the playing field leveled.

How true, Nancy, how true that would be... even if we were only talking pennies.

    Bookmark   July 13, 2012 at 3:35PM
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"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." long as you aren't gay then all bets are off!

Joe, it will come, I know it will. I just hope it is in your time.

    Bookmark   July 13, 2012 at 3:51PM
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I hope it comes much sooner than later... to have to fight for equal rights in a nation that prides itself on this sort of freedom is obnoxious, to say the least. To date, I don't know of any one, any family, or any marriage that has been spoiled by leveling this particular playing field... but the beat of prejudice goes on.

    Bookmark   July 15, 2012 at 7:59AM
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