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Amicus Briefs in Doma Challenge

Posted by labrea 7NYC (My Page) on
Thu, Jul 12, 12 at 8:02

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

THE AMERICAN PSYCHOLOGICAL ASSOCIATION, THE
CALIFORNIA PSYCHOLOGICAL ASSOCIATION, THE AMERICAN
PSYCHIATRIC ASSOCIATION, THE NATIONAL ASSOCIATION OF
SOCIAL WORKERS AND ITS CALIFORNIA CHAPTER, THE
AMERICAN MEDICAL ASSOCIATION, THE AMERICAN ACADEMY
OF PEDIATRICS, AND THE AMERICAN PSYCHOANALYTIC
ASSOCIATION AS AMICI CURIAE IN SUPPORT OF PLAINTIFFAPPELLEE AND IN SUPPORT OF AFFIRMANCE.

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
parents.
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.


Follow-Up Postings:

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RE: Amicus Briefs in Doma Challenge

Gosh the money we spend on things like this!


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RE: Amicus Briefs in Doma Challenge

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


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RE: Amicus Briefs in Doma Challenge

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.


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RE: Amicus Briefs in Doma Challenge

Yeah The American Freaking Dream and the Republican party at odds how odd!~


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RE: Amicus Briefs in Doma Challenge

I always notice that threads on equality only get a lot of traffic if there are zygotes and fetuses involved... wonder why that is?


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RE: Amicus Briefs in Doma Challenge

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.


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RE: Amicus Briefs in Doma Challenge

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.


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RE: Amicus Briefs in Doma Challenge

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.


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RE: Amicus Briefs in Doma Challenge

"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."

......as 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.


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RE: Amicus Briefs in Doma Challenge

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.


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