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United States Court of Appeals for the SIXTH CIRCUIT Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 1 14-3057 IN THE United States Court of Appeals FOR THE SIXTH CIRCUIT JAMES OBERGEFELLd; JOHN ARTHUR; DAVID BRIAN MICHENER; ROBERT GRUNN, Plaintiffs-Appellees, —v.— LANCE D. HIMES, In his official capacity as the Interim Director of the Ohio Department of Health, Defendant-Appellant. Appealed from a Decision of the United States District Court for the Southern District of Ohio (Western Division Cincinnati) · Civil Case No. 1:13-CV-00501 BRIEF FOR AMICI CURIAE DIOCESES AND BISHOPS OF THE EPISCOPAL CHURCH IN OHIO; CENTRAL CONFERENCE OF AMERICAN RABBIS; GENERAL SYNOD OF THE UNITED CHURCH OF CHRIST; MORMONS FOR EQUALITY; RECONSTRUCTIONIST RABBINICAL ASSOCIATION; RECONSTRUCTIONIST RABBINICAL COLLEGE AND JEWISH RECONSTRUCTIONIST COMMUNITIES; UNION FOR REFORM JUDAISM; UNITARIAN UNIVERSALIST ASSOCIATION; AFFIRMATION; COVENANT NETWORK OF PRESBYTERIANS; METHODIST FEDERATION FOR SOCIAL ACTION; MORE LIGHT PRESBYTERIANS; PRESBYTERIAN WELCOME; RECONCILING MINISTRIES NETWORK; RECONCILINGWORKS: LUTHERANS FOR FULL PARTICIPATION; RELIGIOUS INSTITUTE, INC.; WOMEN OF REFORM JUDAISM; ANSHE CHESED FAIRMOUNT TEMPLE OF BEACHWOOD; BROAD STREET PRESBYTERIAN CHURCH OF COLUMBUS; CHRIST CHURCH CATHEDRAL OF CINCINNATI; CHURCH OF OUR SAVIOUR/LA IGLESIA DE NUESTRO SALVADOR OF CINCINNATI; MOUNT AUBURN PRESBYTERIAN CHURCH OF CINCINNATI; TRINITY CATHEDRAL OF CLEVELAND; UNIVERSITY CIRCLE UNITED METHODIST CHURCH OF CLEVELAND AND 31 INDIVIDUAL FAITH LEADERS IN OHIO IN SUPPORT OF PLAINTIFFS-APPELLEES JEFFREY S. TRACHTMAN KRAMER LEVIN NAFTALIS Counsel of Record & FRANKEL LLP NORMAN C. SIMON 1177 Avenue of the Americas JASON M. MOFF New York, New York 10036 KURT M. DENK (212) 715-9100 JESSICA N. WITTE [email protected] Counsel for Amici Curiae Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 2 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, the undersigned states that none of the organizations that join this brief issues stock or has a parent corporation that issues stock. /S/ JEFFREY S. TRACHTMAN JEFFREY S. TRACHTMAN Counsel of Record NORMAN C. SIMON JASON M. MOFF KURT M. DENK JESSICA N. WITTE KRAMER LEVIN NAFTALIS & FRANKEL LLP 1177 Avenue of the Americas New York, New York 10036 212-715-9100 [email protected] Counsel for Amici Curiae May 1, 2014 Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 3 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ...................................................................iii STATEMENT PURSUANT TO FED. R. APP. P. 29(a) & 29(c)(5) ...... xi INTERESTS OF AMICI CURIAE ............................................................ 1 INTRODUCTION AND SUMMARY OF ARGUMENT ....................... 1 ARGUMENT ............................................................................................ 5 I. A Wide Cross-Section Of American Religious Traditions Recognizes The Dignity Of Lesbian And Gay People And Their Relationships .......................................................................... 6 A. The Inherent Dignity Of Lesbian And Gay Individuals Informs The Theology Of Numerous Religious Believers And Bodies .............................................................. 7 B. A Vast Spectrum Of American Faith Groups And Religious Observers Affirms Same-Sex Couples’ Relationships In A Multitude Of Ways, Including By Celebrating And Solemnizing Their Marriages .................... 10 II. Recognizing The Necessary Distinction Between Civil And Religious Marriage, A Growing Number Of Faiths Support Civil Marriage Equality .................................................................. 14 III. Recognizing Same-Sex Couples’ Civil Marriages Will Not Impinge Upon Religious Beliefs, Practices, Or Operations, But Rather Will Prevent One Set Of Religious Beliefs From Being Imposed Through Civil Law ............................................... 20 i Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 4 A. Affirmance Would Not Interfere With The Exercise Of Religious Freedoms, Including The Freedom To Set Parameters For Religiously Sanctioned Marriage That May Differ From Those Established Under Civil Law ........ 21 B. Recognizing The Civil Marriages Of Same-Sex Couples Will Not Unconstitutionally Burden The Ability Of Religious Organizations And Individuals to Govern Their Own Public and Business Affairs ................. 23 CONCLUSION ....................................................................................... 26 CERTIFICATE OF COMPLIANCE WITH FED. R. APP. P. 29(b) & 32(a) .................................................................................................. 27 CERTIFICATE OF DIGITAL SUBMISSION ...................................... 28 CERTIFICATE OF SERVICE ............................................................... 29 ADDENDUM A: STATEMENTS OF INTEREST OF AMICI CURIAE ......................................................................... Add. 1 ii Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 5 TABLE OF AUTHORITIES Page(s) CASES Hollingsworth v. Perry, 133 S. Ct. 2652 (2013) ..................................................... 19 Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 132 S. Ct. 694 (2012) ................................................................... 21, 24 Larson v. Valente, 456 U.S. 228 (1982) .............................................................. 6, 25 Loving v. Virginia, 388 U.S. 1 (1967) ............................................................... 22, 28 Maynard v. Hill, 125 U.S. 190 (1888) ................................................................. 5, 14 McCollum v. Bd. of Educ., 333 U.S. 203 (1948) ..................................................... 21 United States v. Windsor, 133 S. Ct. 2675 (2013) .................................................. 19 OTHER AUTHORITIES 11th Churchwide Assembly, Evangelical Lutheran Church in America, Human Sexuality: Gift and Trust (Aug. 19, 2009), http://www.elca.org/Faith/Faith-and-Society/SocialStatements/ Human-Sexuality ................................................................................................ 11 107th Convention of the Central Conference of American Rabbis, Resolution on Gay and Lesbian Marriage (Mar. 1996), http://ccarnet.org/rabbis- speak/resolutions/1996/on-gay-and-lesbian-marriage-1996/ ............................. 15 111th Convention of the Central Conference for American Rabbis, Resolution On Same Gender Officiation (Mar. 2000), http://ccarnet.org/rabbis- speak/resolutions/2000/same-gender-offication/ ................................................ 12 American Friends Service Committee, AFSC Board Statement on Equal Marriage (2004), http://afsc.org/sites/afsc.civicactions.net/ files/documents/AFSC%20Board%20Minute.pdf ............................................. 16 iii Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 6 Sarah Pulliam Bailey, ELCA Lutherans Elect First Openly Gay Bishop (June 3, 2013), http://www.religionnews.com/2013/06/03/ elca-lutherans-elect-first-openly-gay-bishop/ ..................................................... 10 Bishops’ Committee on Marriage and Family, Always Our Children: A Pastoral Message To Parents Of Homosexual Children And Suggestions For Pastoral Ministers (1997), http://www.usccb.org/ issues-and-action/ human-life-and-dignity/homosexuality/ always-our-children.cfm ..................................................................................... 18 Central Conference of American Rabbis, Report of the Ad Hoc Committee on Homosexuality and the Rabbinate of the Central Conference of American Rabbis Annual Convention (1990), http://borngay.procon.org/sourcefiles/ CCAR_Homosexuality.pdf ............................................................................... 7, 9 E. Dorff, D. Nevins, & A. Reisner, Rituals and Documents of Marriage and Divorce for Same-Sex Couples, Rabbinical Assembly (Spring 2012), http://www.rabbinicalassembly.org/sites/default/ files/public/halakhah/teshuvot/2011-2020/ same-sex-marriage-and-divorce-appendix.pdf ................................................... 12 Evangelical Lutheran Church in America, Frequently Asked Questions aboout the 2009 Churchwide Assembly actions regarding human sexuality, http://www.elca.org/Faith/ Faith-and-Society/Social-Statements/Human-Sexuality ...................................... 8 First Parish Church in Plymouth, Resolution Demanding That All Persons, Regardless of Sexual Orientation or Gender Identification, Receive Equal Treatment Under The United States Constitution And The Laws of the Land (Feb.2013), http://www.firstparishplymouth.org/ SiteAssets/Social%20Action/Equal-treatment-lgbti-brief.pdf .......................... 17 Gay issues find increasing acceptance, Wash Post, Mar. 6, 2014 .......................... 19 iv Case: 14-3057 Document: 76 Filed: 05/01/2014 Page: 7 General Assembly of the Unitarian Universalist Association, Confronting Sexual Orientation and Gender Identity Discrimination (2010), http://www.uua.org/ statements/statements/169267.shtml .................................................................... 8 General Assembly of the Unitarian Universalist Association, Oppose Federal Marriage Amendment (2004), http://www.uua.org/statements/statements/13433.shtml .................................... 15 General Assembly of the Unitarian Universalist Association, Support of the Right to Marry for Same-Sex Couples (1996), https://www.uua.org/statements/statements/14251.shtml ............................ 12, 15 General Synod of the
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