211 House And Senate Democrats Tell Supreme Court Gay Marriage Bans Are Unconstitutional

211 current House and Senate Democrats signed an amicus brief telling the U.S. Supreme Court that banning sam-sex marriage is unconstitutional. 

167 members of the House and 44 members of the Senate – 211 Democrats in total – late last week signed an amicus brief telling the U.S. Supreme Court same-sex marriage bans are unconstitutional. 

“As federal legislators who represent families across this nation, we believe that — like DOMA — state marriage bans deny our citizens the equal protection that the Constitution guarantees,” the 38-page brief states. “We urge the Court to make the Constitution’s promise of equality a reality for gay and lesbian couples throughout the nation and reverse the judgments below.” 

Key signatories to the friend of the court brief include House Democratic Leader Nancy Pelosi, Senate Democratic Leader Harry Reid, Respect for Marriage Act co-sponsors Rep. Jerrold Nadler (D-NY) and Sen. Dianne Feinstein (D-CA).

There are 188 House Democrats and 44 Senate Democrats, and an additional two Senate Independents.

In a press statement, Rep. Pelosi and Sen. Reid explained their positions.

“Today, under federal law, many LGBT Americans still live in states that do not recognize their right to marry,” Leader Pelosi said. “Loving same-sex couples and their families deserve to be treated with dignity, respect, and equality under the law.  Now is the time for the Supreme Court to affirm that every American has the right to marry the person they love.”

“I’m proud to stand with loving and committed same-sex couples throughout America demanding recognition, respect and equal protection under the law,” said Senator Reid. “Gay and lesbian couples have waited for far too long for the simple dignity of enjoying the same constitutional rights as their straight peers. I hope the Supreme Court will right this historical wrong.”

Chris Johnson at the Washington Blade, reporting on the Democratic brief, notes it “remains to be seen whether congressional Republicans will weigh in with their own filing when friend-of-the-court briefs in favor of same-sex marriage marriage bans are due. Senate Minority Leader Mitch McConnell (R-Ky.) was non-committal last month when asked if he would support such a brief in cases before the Supreme Court. House Speaker John Boehner (R-Ohio) told the Washington Blade he doesn’t anticipate House Republicans will weigh in on the cases in a legal capacity.” 

That is a switch from just two short years ago, when Speaker Boehner authorized the expenditure of $3 million in taxpayer funds to defend the Defense of Marriage Act (DOMA), before the U.S. Supreme Court struck down a major portion of the unconstitutional law.

Last week, President Barack Obama’s Administration also sent an amicus brief to the Supreme Court, asking the nation’s highest court to rule bans on same-sex marriage are unconstitutional.

 

Image by Quinn Dombrowski via Flickr and a CC license