On August 31, 2012 an amicus brief was filed on behalf of CLDEF in the case of Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. in the United States Supreme Court in support of petitioner’s petition for writ of certiorari.
Brought as a challenge to California Proposition 8, this case concerns whether homosexuals desiring the benefits of marriage have a constitutional right to compel that marriage be redefined to accommodate their sexual preferences. Our amicus brief urges that the petition for a writ of certiorari be granted to correct the badly flawed opinions below, and to reconsider the Supreme Court’s decision in Romer.
Our amicus brief argues that the opinion of the court below demonstrates the confusion that has been wrought by the Supreme Court’s jurisprudence granting special status to homosexuals. Further, the circuit court’s opinion is based on a false and illegitimate inquiry into the motivations of the people. Finally, the Supreme Court’s decision in Romer v. Evans has departed from the constitutional text, has sown confusion, and should be reconsidered and overturned.