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Perry: Amicus Brief of Howard University

Perry: Amicus Brief of Howard University

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Published by Equality Case Files
Hollingsworth v. Perry: Amicus brief of Howard University School of Law Civil Rights Clinic in support of Plaintiffs
Hollingsworth v. Perry: Amicus brief of Howard University School of Law Civil Rights Clinic in support of Plaintiffs

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Categories:Types, Business/Law
Published by: Equality Case Files on Mar 03, 2013
Copyright:Attribution Non-commercial

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03/30/2013

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No. 12-144
I
N
T
HE
 
Supreme Court of theSupreme Court of theSupreme Court of theSupreme Court of the United StatesUnited StatesUnited StatesUnited States
D
ENNIS
H
OLLINGSWORTH
,
 
et al.,
 Petitioners,
v.
RISTIN
M.
 
P
ERRY 
, et al.,
Respondents
. _________________________ 
On Writ Of Certiorari To The United StatesCourt Of Appeals For The Ninth Circuit
 _________________________ BRIEF OF AMICUS CURIAE HOWARD UNIVERSITY SCHOOL OF LAW CIVIL RIGHTS CLINICIN SUPPORT OF RESPONDENTS ON THE MERITS
 Aderson Bellegarde François
Counsel of Record
H
OWARD
U
NIVERSITY 
S
CHOOL OF
L
 AW
 C
IVIL
R
IGHTS
C
LINIC
 
2900 Van Ness Street, N.W.Washington, D.C. 20008(202) 806-8065afrancois@law.howard.eduBrad W. SeilingBenjamin G. Shatz
M
 ANATT
,
 
P
HELPS
&
 
P
HILLIPS
,
 
LLP
11355 West Olympic Blvd.Los Angeles, CA 90064(310) 312-4000bseiling@manatt.com
 
bshatz@manatt.com Attorneys for
 Amicus Curiae
 Howard University School of Law Civil Rights Clinic
 
TABLE OF CONTENTS
 
Page
 
iSTATEMENT OF INTEREST 1SUMMARY OF ARGUMENT 2 ARGUMENT 3I. Marriage is a Symbol of Civil Freedom, aMarker of Social Equality, and a Badge of Full Citizenship 3II. Like Marriage for Same-Sex Couples Today,Interracial Marriage was Once WidelyConsidered a Threat to Social Order and theInstitutions of Marriage and Family 6III. Like Same-Sex Couples Today, InterracialCouples Were Once Condemned asUnnatural and Pathological 11 A. Opponents have framed both interracialrelationships and same-sex relationshipsas purely sexual 12B. Pseudoscientific arguments were used tosupport anti-miscegenation laws and arecurrently being used to deny the right forsame-sex couples to marry 17C. Judeo-Christian theologicalinterpretations often have been invokedto challenge marriage for both interracialand same-sex couples 23
 
TABLE OF CONTENTS
 (continued)
Page
 
-ii-IV. Like Same-Sex Parenting Today, InterracialParenting was Once Considered Damagingto the Physical and Psychological Health of Children 28 A. Interracial marriage was once consideredphysically harmful to children of interracial parents, just as same-sexmarriage is considered to be today 30B. Children of interracial marriages wereonce thought to be in danger of psychological trauma, just as children of same-sex couples today 33CONCLUSION 38

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Harrigoth added this note
The concern that intermarriage would produce "abominable mixture and spurious issue" really doesn't correlate here. There is no issue of children whatsoever from intimacy of two of the same sex, so I don't see why that's even being brought up. The argument against intermarriage was based specifically on the threat that blacks and whites CAN legitimately create offspring, and based on the mistaken
Tim Mayne added this note
This could backfire considering the SCOTUS is about to gut the VRA.
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