NO. 12-144 IN THE Supreme Court of the United States DENNIS HOLLINGSWORTH, et al, Petitioners, v. KRISTEN M. PERRY, et al, Respondents. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit AMICUS CURIAE BRIEF OF CONCERNED WOMEN FOR AMERICA, ADDRESSING THE MERITS AND SUPPORTING REVERSAL Holly L. Carmichael Counsel of Record 2635 Camino de Rio South, Suite 109 San Diego, California 92108 (408) 838-1212
[email protected] Counsel for Amicus Curiae Concerned Women for America i TABLE OF CONTENTS TABLE OF AUTHORITIES i INTEREST OF AMICUS CURIAE 1 SUMMARY OF ARGUMENT 2 ARGUMENT 2 I. POLITICAL POWERLESSNESS IS A KEY COMPONENT OF EVERY SUSPECT CLASS. 5 II. POLITICAL POWER IN CALIFORNIA IS THE RELEVANT CONSIDERATION. 8 A. The Proposition 8 Election Demonstrates the Formidable Political Power of the LGBT Community. 9 B. Gays and Lesbians Enjoy Established and Sustained Legislative Success in California. 13 C. Gays and Lesbians are Overrepresented in the California Legislature. 18 D. California LGBT Allies Outside of Government. 20 III. THE NATIONAL POLITICAL POWER OF GAYS AND LESBIANS. 21 ii A. The Obama Administration’s Strong Support for LGBT Concerns. 21 B. LGBT Success in Congress and Nationally. 23 C. Gay and Lesbian Political Power in Other States. 26 D. LGBT Campaigns Are Well-Financed by a Broad Range of Contributors. 29 E. Powerful Unions and Corporate America Supports LGBT Causes. 30 F. Overwhelming Media Support for Gays and Lesbians Incalculably, But Certainly, Influences Voters. 33 G. Many Religious Groups Support the Gay and Lesbian Political Agenda.