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Briefs supporting same-sex couples in Prop 8 case due today

Marriage equality Marriage Equality Trials Prop 8 Prop 8 trial

By Scottie Thomaston

Today is the deadline to file amicus curiae (“friend of the court”) briefs in support of the plaintiffs, same-sex couples, in Hollingsworth v. Perry, the Prop 8 case. There have already been multiple reports of forthcoming briefs.

First, House Democrats will file a brief urging the Court to strike down Section 3 of DOMA:

House Democrats are circulating a legal brief that will argue against the constitutionality of the Defense of Marriage Act before the Supreme Court, the Washington Blade has learned.

Drew Hammill, a spokesperson for House Minority Leader Nancy Pelosi (D-Calif.), said his boss will lead other Democrats in the friend-of-the-court brief before the Supreme Court, which is due on Friday. The case pending before the court is known as Windsor v. United States.

“There will be a strong expression of support from the House Democratic Caucus in support of overturning DOMA and casting DOMA into the dustbin of history,” Hammill said.

Hammill declined to provide additional details about the filing, so it’s unknown what the argument of the brief will be. It will likely counter the arguments presented by the House Republican-led Bipartisan Legal Advisory Group that the committee speaks for the House as a whole.

Metro Weekly asks where Congressional Democrats are on the Prop 8 case, and notes our earlier reported story that Rep. Mark Takano (D-CA) has written a letter to President Obama asking him to file a brief in the case.

The US Conference of Mayors will file a brief urging the Court to strike down Section 3 of DOMA.

California’s Attorney General Kamala Harris filed a brief in the Prop 8 case suggesting it is unconstitutional even under the most lenient standard of judicial review.

Towleroad has a list of more briefs to be filed in the Prop 8 case, including international law scholars, corporations, bar associations and more.

And several equality organizations will file a “red state brief” with red states urging the Court to strike down both Prop 8 and DOMA.

EqualityOnTrial will be watching the new filings come in and reporting on them throughout the days and weeks ahead. We will also be looking out for a possible filing by the Obama administration in the Prop 8 case. Days ago, the White House was still not commenting on whether one will be filed.

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