Thursday I blogged about the powerful brief in the Perry case (Proposition 8 federal lawsuit) submitted by the good guys, the plaintiffs represented by superlawyers David Boies and Ted Olson.
Now comes word that the briefs in the other huge case, Windsor (DOMA federal law suit) are starting to come in as well. On Friday afternoon the United States filed its brief urging that the Court strike down the odious statute, arguing that laws that discriminate on the basis of sexual orientation are subject to heightened review by the courts. This is a consequence of the Obama Administration considering that LGBT people are a "suspect class" which means that government actions which impact their civil rights must have an exceeding persuasive reason for doing so linked to a legitimate government interest.
SCOTUS Blog reports and analyzes the DOJ brief:
Note the bolded sections. Although the administration has not (yet) taken a position in the Proposition 8 case, it's very string brief in Windsor which uses Proposition 8's passage as an example of ongoing bias against LGBT people is an indication of how the United States feels about the Perry case, which it is not a party to. But the United States can always file briefs to let the Judicial branch know what the Executive branch thinks about a certain issue before the court.
We'll know by next Thursday February 28th if the federal government ll be taking a side in both parts of the oncoming Gaytterdammerung!