The National Women’s Law Center filed an amicus brief in Hollingsworth v. Perry and United States v. WindsorHollingsworth addresses the constitutionality of Proposition 8, the California ballot measure that overturned the California Supreme Court’s ruling that same-sex couples have a right to marry.  Windsor challenges the constitutionality of the provision of the Defense of Marriage Act that bars the federal government from recognizing marriages of same-sex couples.  NWLC argued that laws discriminating on the basis of sexual orientation, like Proposition 8 and DOMA, must be subject to heightened scrutiny under the Constitution’s equal protection guarantee, like laws that discriminate on the basis of race or sex.  Whether in the context of laws that treat men and women differently or laws that treat people differently on the basis of sexual orientation, the Constitution should provide strong protection against government efforts to perpetuate traditional, stereotyped gender roles.  The cases will be decided in June 2013.

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