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Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle
Florida State University College of Law Scholarship Repository Scholarly Publications Winter 2012 The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle Mary Ziegler Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, and the Litigation Commons Recommended Citation Mary Ziegler, The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same- Sex Marriage Struggle, 39 FLA. ST. U. L. REV. 467 (2012), Available at: https://ir.law.fsu.edu/articles/332 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. THE TERMS OF THE DEBATE: LITIGATION, ARGUMENTATIVE STRATEGIES, AND COALITIONS IN THE SAME-SEX MARRIAGE STRUGGLE MARY ZIEGLER ABSTRACT Why, in the face of ongoing criticism, do advocates of same-sex marriage continue to pursue litigation? Recently, Perry v. Schwarzenegger, a challenge to California’s ban on same-sex marriage, and Gill v. Office of Personnel Management, a lawsuit challenging section three of the federal Defense of Marriage Act, have created divisive debate. Leading scholarship and commentary on the litigation of decisions like Perry and Gill have been strongly critical, predicting that it will produce a backlash that will undermine the same- sex marriage cause. These studies all rely on a particular historical account of past same-sex marriage decisions and their effect on political debate. -
Amicus Briefs in This Case
NO. 16-111 IN THE Supreme Court of the United States MASTERPIECE CAKESHOP, LTD., ET. AL., Petitioners, v. COLORADO CIVIL RIGHTS COMMISSION, ET. AL., Respondents. On Writ of Certiorari to the Colorado Court of Appeals BRIEF OF AMICI CURIAE 33 FAMILY POLICY ORGANIZATIONS IN SUPPORT OF PETITIONERS DAVID FRENCH Counsel of record Senior Fellow NATIONAL REVIEW INSTITUTE 215 Lexington Avenue 11th Floor New York, New York 10016 (931) 446-7572 [email protected] Counsel for Amici Curiae i QUESTION PRESENTED Whether applying Colorado’s public- accommodation law to compel artists to create expression that violates their sincerely held religious beliefs about marriage violates the Free Speech or Free Exercise Clauses of the First Amendment. ii TABLE OF CONTENTS QUESTION PRESENTED ......................................... i TABLE OF AUTHORITIES ..................................... iii INTEREST OF AMICI CURIAE ............................... 1 SUMMARY OF ARGUMENT .................................... 2 ARGUMENT .............................................................. 6 I. If Freedom of Conscience Can Survive the World’s Worst War, It Should Survive the Sexual Revolution. ............................................... 6 II. Creative Professionals and Corporations Consistently Exercise Their Rights under Barnette to Promote and Disassociate from Specific Values and Messages. .......................... 13 III. To Undermine Barnette Is To Cruelly Impoverish the Marketplace of Ideas. .............. 21 CONCLUSION ......................................................... 25 iii TABLE OF AUTHORITIES Cases: Craig v. Masterpiece Cakeshop, Inc., 370 P.3d 272 (Colo. App. 2015) .................... 17-18 Obergefell v. Hodges, 135 S. Ct. 2584 (2015) .................................. 12, 26 West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) .................................... passim Other Authorities: Accessories: 42mm Pride Edition Woven Nylon, Apple, https://www.apple.com/ca/shop/ product/MQ4G2AM/A/42mm-pride-edition- woven-nylon (last visited Sept. -
Special Message to the 117Th Congress: Don't Draft Our Daughters
Special Message to the 117th Congress: Don’t Draft Our Daughters August 31, 2021 Dear Senators and Representatives, We write to you united in serious concern about the National Defense Authorization Act (NDAA) for 2022 which the Senate Armed Services Committee approved on July 21. The legislation is unacceptable because it would amend the Military Selective Service Act (MSSA) to require young women to register with Selective Service for a possible future draft. Sen. Jack Reed’s deceptively simple language – reportedly to change the MSSA words “male citizens” to “all Americans” – is unnecessary, unwise, and, in our view, outrageous. Imposition of Selective Service obligations, including a possible future draft of our daughters, sisters, and nieces, would not only hurt women, it would compromise our military’s essential function during a time of catastrophic national emergency. A monumental and consequential reversal such as this should not be approved behind closed doors, and the full Senate and House should not rubber-stamp “Draft Our Daughters” language in the NDAA. The only acceptable option is to strike the Reed amendment and seriously, thoroughly, and responsibly consider what the Selective Service law really means. This is a matter of national security – not “women’s rights,” “men’s rights,” or civilian volunteer service. Article 1, Section 8 of the U.S. Constitution assigns to Congress the authority to establish and support the armed forces and to ensure that they are prepared to secure our nation and defend our freedom. As the Supreme Court has recognized, the purpose of a draft is not to fill various non- combat billets, it is to quickly provide qualified replacements for combat casualties. -
WEDGE STRATEGY Harry Jackson Is the Face of the Religious Right’S Outreach to African American Christians
SPEAK OUT AGAINST INTOLERANCE. That’s the American Way POINT MAN FOR THE WEDGE STRATEGY Harry Jackson is the face of the Religious Right’s outreach to African American Christians by Peter Montgomery Senior Fellow, People For the American Way Foundation www.PFAW.org Introduction myself to speak up.” Jackson bragged that when he got a group of African American pastors to hold a press In recent years, Religious Right leaders have made a conference (falsely) attacking a federal hate crimes bill as major push to elevate the visibility and voices of politically a threat to religious liberty, he got media coverage that conservative African American pastors. The star of that traditional Religious Right groups had been unable to effort has been Bishop Harry Jackson. Jackson, the generate. pastor of a congregation in Maryland, has been ushered into the Religious Right’s inner circle since he announced His media profile, and his embrace by Religious Right in 2004 that God had told him to work for the reelection leaders and right-wing politicians have led to his being of George W. Bush. Since then, Jackson has become anointed a “conservative Christian A-lister” by Beliefnet’s somewhat of an all-purpose activist and pundit for right- Dan Gilgoff and “one of the 50 most influential Christians wing causes – everything from judicial nominations to in America” by the Church Report. In 2005, then- immigration and oil drilling -- but his top priorities President of the National Association of Evangelicals mirror those of the Religious Right: he’s fervently anti- Ted Haggard said of Jackson, “He’s building a bridge abortion and dead-set against gay equality. -
In the Supreme Court of the United States
No. 19-123 In the Supreme Court of the United States SHARONELL FULTON, et al., Petitioners, v. CITY OF PHILADELPHIA, PA., et al., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Third Circuit BRIEF AMICI CURIAE OF CONCERNED WOMEN FOR AMERICA, CENTER FOR ARIZONA POLICY, THE DELEWARE FAMILY POLICY COUNCIL, THE FAMILY FOUNDATION, HAWAII FAMILY FORUM, THE ILLINOIS FAMILY INSTITUTE, NEBRASKA FAMILY ALLIANCE, CORNERSTONE POLICY RESEARCH, WISCONSIN FAMILY ACTION, NATIONAL LEGAL FOUNDATION, AND PACIFIC JUSTICE INSTITUTE supporting Petitioner Steven W.Fitschen Frederick W. Claybrook, Jr. James A. Davids Counsel of Record The National Legal Claybrook LLC Foundation 700 Sixth St., NW, Ste. 430 524 Johnstown Road Washington, D.C. 20001 Chesapeake, Va. 23322 (202) 250-3833 [email protected] David A. Bruce 205 Vierling Dr. Silver Spring, Md. 20904 Counsel for Amici Curiae i TABLE OF CONTENTS Table of Authorities ................................................... iii Statements of Interests .............................................. 1 Summary of the Argument ......................................... 5 Argument .................................................................... 7 I. Context Matters: Some Discrimination Is Permissible and Even Constitutionally Protected. .......................................................... 7 II. When Balancing the Interests, This Court Has Traditionally Looked to Their Relative Weight and How Those Involved Are Affected. ......................................................... -
The Opponents of Virginia's Massive Resistance
A RUMBLING IN THE MUSEUI^t: THE OPPONENTS OF VIRGINIA'S MASSIVE RESISTANCE James Howard Hershman, Jr. Leesburg, Virginia B.A., Lynchburg College, 1969 M.A., Wake Forest University, 1971 A Dissertation Presented to the Graduate Faculty of the University of Virginia in Candidacy for the Degree of Doctor of Philosophy Corcoran Department of History University of Virginia August, 1978 0 Copyright by James Howard Hershman, Jr 1978 All Rights Reserved ABSTRACT A Rumbling in the Museum: The Opponents of Virginia's Massive Resistance James Howard Hershman, Jr. University of Virginia, 1978 This dissertation is a study of the blacks and white liberals and moderates who opposed Virginia's policy of mas- sive resistance to the United States Supreme Court's school desegregation ruling in the Brown case. The origin of and continued demand for desegregation came from black Virginians who were challenging an oppressive racial caste system that greatly limited their freedom as American citizens. In the 1930's they b^gan demanding teacher salaries and school facilities equal to their white counter- parts. The National Association for the Advancement of Colored People provided lawyers and organizational assistance as the school protests became a mass movement among black Virginians. In 1951, the protest became an attack on public school segre- gation itself. /V The Brown decision and the response to it split white opinion into three groups. A few white liberals publicly ac- cepted racial integration as good; extreme segregationists vehemently rejected any change in the racial caste system; a third group occupied the more complex middle or moderate posi- tion. -
THIRD BRANCH CONFERENCE______Washington, D.C
THIRD BRANCH CONFERENCE_____________ Washington, D.C. June 2, 2009 The Honorable Mitch McConnell The Honorable Jon Kyl The Honorable Jeff Sessions The Honorable John Cornyn The Honorable John Thune and copied to all Minority Senators. United States Senate Washington, DC Re: Debating the Supreme Court Nomination Dear Senators: Senator Sessions recently published a fine column offering his advice to the President on the qualities that should define a Supreme Court nominee. Senator Sessions respectfully explained what he expected of the President. Now that the President has made his nomination, it is up to the Senate to give the President “advice and consent.” With like respect, and as the petitioners for millions of Americans, we write to express what we expect of you as leaders of the Senate Minority on a matter of the greatest concern to us – the confirmation process of the President’s nominee to the Supreme Court. In fact, we expect the same of the Majority in mirrored fashion. We assume that Senators and staffs of the Committee on the Judiciary will do all that they can to illuminate the issues that under-gird a Supreme Court nomination. We hope that the time between nomination and hearings, and between hearings and a confirmation debate will be ample enough to alert the American people to the impact of the matter at hand, and comparable to previous nominations reviewed during times that Democrats controlled the Senate. We say this to point out that the effort from you that we request is not at all limited to the walls of the Senate Judiciary Committee or its work, or to issues of procedure and timing. -
16-1140 Amicus
NO. 16-1140 In the Supreme Court of the United States NATIONAL INSTITUTE OF FAMILY AND LIFE ADVOCATES, dba NIFLA, et al., Petitioners, v. XAVIER BECERRA, Attorney General of California, et al., Respondents. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF OF AMICI CURIAE 41 FAMILY POLICY ORGANIZATIONS IN SUPPORT OF PETITIONERS DAVID F RENCH Counsel of Record Senior Fellow NATIONAL R EVIEW I NSTITUTE 19 West 44th Street Suite 1701 New York, New York 10036 (931) 446-7572 [email protected] Counsel for Amici Curiae Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTION PRESENTED Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment. ii TABLE OF CONTENTS QUESTION PRESENTED.................... i TABLE OF AUTHORITIES.................. iii INTEREST OF AMICI CURIAE ............... 1 SUMMARY OF ARGUMENT.................. 2 ARGUMENT............................... 7 I. The State of California Is Conscripting Pro-Life Professionals Into its Pro-Choice Cause................................ 7 II. California Is Transforming Private Pro-Life Property Into Billboards for the Pro-Choice Cause............................... 12 III. California’s Intolerance Threatens to Exacerbate American Cultural Divide .... 14 CONCLUSION ............................ 17 iii TABLE OF AUTHORITIES CASES Masterpiece Cakeshop v. Colorado Civil Rights Commission, (No. 16-11, Argued Dec. 5, 2017) ........ 2, 6, 16 National Institutes of Family and Life Advocates v. Harris, 839 F.3d 823 (9th Cir. 2016) .............. 3, 8 West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943) .................. 5, 6, 12 Wooley v. -
Exposing the Traditional Marriage Agenda Jessica Feinberg
Northwestern Journal of Law & Social Policy Volume 7 | Issue 2 Article 3 Spring 2012 Exposing the Traditional Marriage Agenda Jessica Feinberg Recommended Citation Jessica Feinberg, Exposing the Traditional Marriage Agenda, 7 Nw. J. L. & Soc. Pol'y. 301 (2012). http://scholarlycommons.law.northwestern.edu/njlsp/vol7/iss2/3 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2012 by Northwestern University School of Law Volume 7 (Spring 2012) Northwestern Journal of Law and Social Policy Exposing the Traditional Marriage Agenda Jessica Feinberg* ABSTRACT The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has proven successful for anti-same-sex marriage campaigns. However, same-sex marriage opponents rarely have been challenged with regard to the meaning of “traditional marriage.” In exploring the history of marriage within the United States, it becomes clear that, contrary to the understanding of the term held by the general public, traditional marriage consists of much more than opposite-sex spouses. -
Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle Mary Ziegler [email protected]
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Florida State University College of Law Florida State University Law Review Volume 39 | Issue 2 Article 3 2012 The eT rms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle Mary Ziegler [email protected] Follow this and additional works at: http://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Mary Ziegler, The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle, 39 Fla. St. U. L. Rev. (2012) . http://ir.law.fsu.edu/lr/vol39/iss2/3 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW THE TERMS OF THE DEBATE: LITIGATION, ARGUMENTATIVE STRATEGIES, AND COALITIONS IN THE SAME-SEX MARRIAGE STRUGGLE Mary Ziegler VOLUME 39 WINTER 2012 NUMBER 2 Recommended citation: Mary Ziegler, The Terms of the Debate: Litigation, Argumentative Strategies, and Coalitions in the Same-Sex Marriage Struggle, 39 FLA. ST. U. L. REV. 467 (2012). THE TERMS OF THE DEBATE: LITIGATION, ARGUMENTATIVE STRATEGIES, AND COALITIONS IN THE SAME-SEX MARRIAGE STRUGGLE MARY ZIEGLER ABSTRACT Why, in the face of ongoing criticism, do advocates of same-sex marriage continue to pursue litigation? Recently, Perry v. Schwarzenegger, a challenge to California’s ban on same-sex marriage, and Gill v. -
Public Eye 5-06 V3
GOP Revives Anti-Gay Marriage Campaign for ’06, p.3 TheA PUBLICATION OF POLITICAL RESEARCH PublicEye ASSOCIATES SUMMER 2006 • Volume XX, No.2 Politicized Science How Anti-Abortion Myths Feed the Christian Right Agenda By Pam Chamberlain avid Hagar, an OB/GYN physician Dand a graduate of evangelical Ashbury College in Kentucky, is famous as a man with a mission. Hager believes emergency contraception (EC) is abortion by any other name, and he refuses to administer it in his own practice, based on his religious beliefs. Like other pro-lifers, he maintains William Strode/Woodfin Camp, Getty Images Getty Camp, Strode/Woodfin William that EC terminates a pregnancy by pre- An Aryan Nations family displays its colors. venting implantation of a fertilized egg despite the absence of any research that supports such a claim. A Bush appointee to Food and Drug White Power Cyberculture Administration (FDA) review commit- Building a Movement tees, Hagar wrote a minority opinion in December 2003 that argued against mak- By Pete Simi and Robert Futrell RACE.” Once again thanks to Azvolks- ing EC available over-the-counter, argu- front and Panzerfaust Records for the ing that access to the drug would encourage My bro N I went to our first Aryanfest weekend with my new family. teens to have sex. And as the media has this last weekend in Phoenix. It was just –Proudwhiteman (Panzerfaust.com mind blowing on the amount of broth- Politicized Science continues on page 13 3/24/04). ers and sisters out there all living, breathing, and working for the cause. -
The Public Eye, Summer 2009
The Right's Magic Beyond Tea Parties, p.3 TheA PUBLICATION OF POLITICAL RESEARCH PublicEye ASSOCIATES SUMMER 2009 • Volume XXIV, No.2 $5.25 Remembering the New Right Political Strategy and the Building of the GOP Coalition By Richard J. Meagher hen the Washington Post ran an Wobituary for Paul Weyrich on its front page last December, the casual reader could be forgiven for not recognizing the name. But those who followed conserva- tive politics inside Washington probably approved of the significant placement. Weyrich was the creator or co-creator of a dozen prominent conservative institutions over the past 35 years, and hosted weekly meetings over that span where conservative activists and government officials shared ideas and strategies with each other. While no single person is responsible for the strik- ing success of conservative policies and politics since the 1970s, Weyrich probably comes closest to deserving that credit. Weyrich was at the center of what in the Reagan era was called the “New Right.” This moniker, typically contrasted with the “Old Right” of Robert Taft and Barry David Paul Morris/Getty Images In February, California mosques discovered the FBI had hired a con man to infiltrate their communities. Goldwater, is often misunderstood. Many journalists and scholars have misused the From Movements to Mosques, Remembering the New Right continues on page 5 Informants Endanger Democracy IN THIS ISSUE By Thomas Cincotta Letter to the Editor ...................2 n February,2009, members of the Islamic Monteilh for a while.