Concerned Women for America have filed an amicus brief with the Supreme Court in support of Utah’s ban on same-sex marriage. According to the brief, gay Americans are far too politically powerful to deserve the heightened level of legal scrutiny that would support claims of marriage discrimination.
Amicus agrees with both the Petitioners’ and Respondents’ view of this case: this Court should grant the Petition and address, not only the Due Process claim, but also the Equal Protection claim. In so doing, heightened scrutiny must be rejected because homosexuals are not a suspect or quasi-suspect class, since – among other reasons – homosexuals are not politically powerless. This Brief demonstrates this by documenting that homosexuals have achieved direct political power; acquired important political allies; raised significant funds from their own community, from labor unions and from corporate America; obtained support from religious communities; and moved public opinion in their favor.
The brief goes on at great length to cite President Obama’a gay pride proclamations, his employment executive order, the major corporations that back LGBT rights, the openly gay US delegation to the Sochi Olympics, the repeal of DADT, the passage of the Hate Crimes Act, and other examples of LGBT triumphs. In other words, we’ve already too damn successful to possibly claim discrimination.