Eric Holder: DOJ Will File Brief in Support of Gay Marriage Should SCOTUS Take Up a Case — VIDEO


In an interview yesterday with ABC News' This Week, Attorney General Eric Holder said that should the Supreme Court take up a case challenging a state ban on gay marriage that the Department of Justice would file a brief in support of marriage equality, citing the Windsor case.

Said Holder: "I think a lot of these measures that ultimately will come before the court will not survive a heightened scrutiny examination."



  1. Chuck Mielke says

    I worry. The appellate courts and district courts have unanimously upheld marriage equality in the wake of Windsor. While this might (should?) incline the SCOTUS to rule in the same way, the infamous 5 may decide that ruling against equality would make a powerful statement in favor of their political backers. The Administration’s amicus brief may have just the wrong influence.

  2. simon says

    Tkinsc again. No sane person will spill that kind of nonsense which corresponds to nothing in the real world. When we see his bubbles burst one by one, one can only imagine the mental hell a person can sink into.

  3. ben~andy says

    SCOTUS didn’t seem to mind the DOJ NOT defending in Windsor. It is never the “5”, it is always Kennedy. You will note with amusement, if you read the decisions, how often Kennedy is quoted followed by how often Scalia’s dissents are quoted. The first support Kennedy’s assessment in his major gay rights decisions and have come from BOTH Dem and Dumb appointees to the Circuit Courts. The latter support further the ruling to the states as that is what Scalia said would happen. He’ll be able to say “I told you so!” and it was a bit self-fulfilling.

    Remember what Kennedy asked in Windsor, “What about all the children?” These are the same children who now face being unrelated to their parents on a cross country road vacation, flying on Southwest just about anywhere since there is almost ALWAYS a stop in the flyover zone, or if they are in the military and transferred, need to move for a job, whatever. The argument is exactly the same. In fact, it is amplified as ALL children with same-sex parents are affected by it even if their parents are married where they reside. They aren’t if they go to DisneyWorld!

    Forcing the states to recognize ALL legally recognized marriages [where performed] is the minimum which overturns the remaining part of DOMA. There is even a “tradition” of that being true in the past which is why the idiots thought they needed to pass that law in the first place. Other countries have a court that reviews laws. We have to wait for a lawsuit to work its way up in the courts. I got my fingers crossed for the winning the whole bag o’ marbles, but know it might not be for 2 years.

    My husband and I can now visit our families in WA and NJ and still be married, but usually are “unmarried” en route to NJ both going and coming home. If we go to Mexico, we’re married, but not freakin’ Tejas, MO, TN, etc. It will happen but not soon enough.

    Happy in CA, married a year and 2 weeks today,

  4. Red says

    @Jacob, thank you. The Obama Administration has shown itself to be champions and supporters of gay rights, but the LGBT community gives OA ZERO credit and instead chooses to fawn over Bill and Hillary who haven’t done a damn thing to advance gay rights.

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