Specifically, 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.Read the full brief here.
Tuesday, February 26, 2013
Via JMG: Edith Windsor Files DOMA Brief
Edith Windsor today filed a Supreme Court brief in the DOMA case that bears her name. Chris Geidner has the details:Reposted from Joe