(Washington, DC) Today, the National Women’s Law Center (NWLC) submitted an amicus brief on behalf of 10 women’s legal organizations and professors of law associated with the Williams Institute of the UCLA School of Law in the consolidated Supreme Court cases that will determine whether states can refuse to allow same-sex couples to marry or refuse to recognize their marriages. The brief argues that discrimination based on sexual orientation, like discrimination based on sex, must and should be presumed to be unconstitutional and subjected to heightened scrutiny under the Constitution. These cases come two years after the Supreme Court struck down the Defense of Marriage Act’s (DOMA’s) prohibition on the federal government recognizing marriages validly entered into by same-sex couples under state law, and will address the unanswered legal question: whether states may restrict marriage to opposite-sex couples.
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