AFER brief
February 21, 2013
AFER has submitted its brief to SCOTUS on the Prop 8 case. It makes for inspiring reading.
The absence of any rational basis for Proposition 8—together with the evidence of anti-gay rhetoric in the Yes on 8 campaign—leads inexorably to the conclusion that Proposition 8 was enacted solely for the purpose of making gay men and lesbians unequal to everyone else. Because a “bare . . . desire to harm a politically unpopular group cannot constitute a legitimate governmental interest,” Romer, 517 U.S. at 634, Proposition 8 is unconstitutional.
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