• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Film/TV/Stream
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Tech/Science
  • Royals
  • Monkeypox
  • Jennifer Lopez tells Britney Spears to ‘stay strong’
  • Meta will hold the first ever drag show in the metaverse
  • Billy Eichner needed Bros to be ‘authentic’

Edie Windsor Files SCOTUS Brief in Case Challenging DOMA: READ IT

Andy Towle February 26, 2013

Lawyers for Edie Windsor, the 83-year-old lesbian widow plaintiff in the Supreme Court case challenging DOMA, filed their brief with the Supreme Court today, Buzzfeed reports:

WindsorSpecifically, Windsor argues laws like DOMA that classify people based on their sexual orientation should be subjected to "heightened scrutiny" by courts, which demands the government to provide an "important" reason for the law in question. A similar argument was made by the Obama administration in a filing last Friday.

In discussing the standards that courts use when determining whether heightened scrutiny should apply, Windsor argues that gays and lesbians have faced a history of discrimination, and that their being gay does not affect their ability to contribute to society. Additionally, she argues that sexual orientation is not, generally speaking, fluid, and that the group "lacks political power" because of prejudice…

…Quoting from the Obama administration's Friday filing, Windsor then notes, "At oral argument before the court of appeals, 'BLAG's counsel all but conceded,' that its [given] justifications for DOMA could 'not withstand intermediate scrutiny.'"

Even if the court does not choose to apply such heightened scrutiny to DOMA, Windsor maintains the law still should be struck down as unconstitutional. The lawyers put forward three areas where the Supreme Court has struck down laws under the lowest form of scrutiny, called rational basis review: when the purpose of the law is to harm a targeted group; when a law subjects such a group to broad disadvantages for no legitimate reason; and when laws are not the type of laws the federal government generally passes.

Windsor then stated that "DOMA raises all three of these red flags" — noting the "language of panic and fear" in the legislative debate over DOMA, DOMA's "uniquely broad scope," and DOMA's "unprecedented intrusion into an area of traditional state regulation."

Read the full brief, AFTER THE JUMP…

And Chris Geidner's full report here.

Windsor: Plaintiff's Merits Brief by EqualityCaseFiles

Topics: History, News, Society, Supreme Court More Posts About: DOMA, DOMA, Edie Windsor, Edie Windsor, News

Related Posts
  • Russia Blocks Facebook, Accusing it of Restricting Access to Russian Media;
  • Duran Duran Has New Music And You Are About To Enjoy it. It’s 2021. Seriously.
  • ‘Mayor Pete’ Trailer; Papa Pete Pwns Tucker; 4-Stars for Dr. Rachel Levine; JoJo Siwa’s Perfect 10s; Lynda Carter’s 8 Wonder-full Words: GOOD NEWS
  • Meta will hold the first ever drag show in the metaverse

    Meta will hold the first ever drag show in the metaverse

    Published by BANG Showbiz English Meta will hold the first ever drag show in the metaverse. Facebook’s parent company is planning to throw a kiki in their virtual universe, titled ‘Queens of the Metaverse’, which will …Read More »
  • Billy Eichner needed Bros to be ‘authentic’

    Billy Eichner needed Bros to be ‘authentic’

    Published by BANG Showbiz English Billy Eichner wouldn’t have signed up for ‘Bros’ if it wasn’t “authentic to gay audiences”. The 43-year-old comedian was first approached about the movie by producer Judd Apatow and director and …Read More »
  • Michelle Visage shocked by ‘introverted’ RuPaul

    Michelle Visage shocked by ‘introverted’ RuPaul

    Published by BANG Showbiz English Michelle Visage was shocked by how much of an “introvert” RuPaul is. The ‘RuPaul’s Drag Race’ judge says the 61-year-old flamboyant drag legend and television star is actually “very reserved and …Read More »
  • U.S. House gives Biden a win with massive bill on climate change, drug prices

    U.S. House gives Biden a win with massive bill on climate change, drug prices

    Published by Reuters By David Morgan, Moira Warburton and Rose Horowitch WASHINGTON (Reuters) -The Democratic-led U.S. House of Representatives approved a $430 billion bill on Friday that is seen as the biggest climate package in U.S. …Read More »
Previous Post: « Animals Give You Tough Love: VIDEO
Next Post: Federal Judge to Determine Whether Larry Craig Improperly Spent Campaign Funds to Defend His Toe-Tapping Antics »

Primary Sidebar

Adjacent News

  • Trump vs Biden again? The documents scandal makes it more likely

    Trump vs Biden again? The documents scandal makes it more likely

  • White House to circulate Afghanistan memo defending U.S. withdrawal – Axios report

    White House to circulate Afghanistan memo defending U.S. withdrawal – Axios report

  • Russian propagandists claim Moscow has been ‘studying’ Mar-a-Lago nuclear documents ‘for a while’

    Russian propagandists claim Moscow has been ‘studying’ Mar-a-Lago nuclear documents ‘for a while’

Good Trash: Going to Read It Somewhere, Y’know

  • Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

    Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

  • Pete Davidson Proposed to Kim Kardashian Before Their Breakup

    Pete Davidson Proposed to Kim Kardashian Before Their Breakup

  • New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

    New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

RSS Partner Links

  • Sofia Carson Dishes On If 'Purple Hearts' Will Have A Sequel
  • Gay History Lesson
  • Open Post: Hosted By The Thief Who Hid In A Giant Teddy Bear
  • The FBI Says That The Gun In The “Rust” Shooting Could Not Have Gone Off By Itself And The Trigger Was Pulled
  • Shakira Is Considering Moving Miami To Leave Behind Her Tax And Relationship Woes In Spain
  • Paulina Porizkova Responds to Plastic Surgeon Telling Her How She Should 'Fix' Her Face
  • Leslie Jordan show us his new condo!

Most Recent

  • Jennifer Lopez tells Britney Spears to ‘stay strong’

    Jennifer Lopez tells Britney Spears to ‘stay strong’

  • Meta will hold the first ever drag show in the metaverse

    Meta will hold the first ever drag show in the metaverse

  • Billy Eichner needed Bros to be ‘authentic’

    Billy Eichner needed Bros to be ‘authentic’

  • Michelle Visage shocked by ‘introverted’ RuPaul

    Michelle Visage shocked by ‘introverted’ RuPaul

  • U.S. House gives Biden a win with massive bill on climate change, drug prices

    U.S. House gives Biden a win with massive bill on climate change, drug prices

  • Robert De Niro pays tribute to ‘wonderful’ Anne Heche

    Robert De Niro pays tribute to ‘wonderful’ Anne Heche

  • Trump lawyer in June said classified material had been returned -NY Times

    Trump lawyer in June said classified material had been returned -NY Times

  • I want to spread positivity, says Billy Porter

    I want to spread positivity, says Billy Porter

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2022 · Log in

×