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Gill Plaintiffs Encourage Supreme Court to Take Up Gill and Massachusetts

GLAD, representing the plaintiffs in the Gill case, files a petition for a writ of certiorari with the Supreme Court asking it to take up the combined Gill and Massachusetts case.  In its filing, GLAD argues that the First Circuit correctly applied the so-called ‘rational basis with teeth’ test laid out by the Supreme Court in previous cases, using the issues of federalism inherent in the DOMA case to call for a more searching form of rational basis review.  In addition, the plaintiffs argue that the Supreme Court should decide whether classifications based on sexual orientation should be subject to heightened scrutiny.

GLAD’s petition argues that sexual orientation easily satisfies the two most important requirements for a class to merit heightened scrutiny reviews, a historical record of discrimination and the lack of connection between a characteristic and the ability to contribute to society.  In addition, GLAD says, gays and lesbians are a minority and thus face significant impediments to winning political progress through majoritarian means and are unable to change their sexual orientations.

In its conclusion, GLAD’s brief states simply that the Supreme Court should grant review of the First Circuit’s decision and affirm it.

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