In the Perry case, Justices will consider the constitutionality of Proposition 8, a California law that banned same-sex marriage. The attorney generals filed the amicus brief for that case Thursday. “Proposition 8 fails the most basic of equal protection rights,” they wrote, arguing the law did not not meet even the court’s lowest standard of judicial review, which requires it to be rationally related to a legitimate government purpose. Rather, the brief argues, states have a greater interest in legalizing same-sex marriage.
“Quite simply, Proposition 8 prevents gays and lesbians from fully realizing what this Court has described as “one of the vital personal rights essential to the orderly pursuit of happiness by free men. This result is in clear conflict with our Constitution,” they wrote in closing.