The Atlanta Lawyer May 2015 | Page 5

PRESIDENT’S MESSAGE interveners or proponents of the ballot initiative did not have standing to appeal the unconstitutionality of Proposition 8 and upheld the District Court decision that declared Proposition 8 unconstitutional. At the same time, the U.S. Supreme Court decided United States v. Windsor, which held that Section 3 of the Defense of Marriage Act (DOMA), that defined “marriage” and “spouse” to exclude same-sex partners for purposes of federal law, is unconstitutional as it deprives people of the equal liberty protection provided to them by the U. S. Constitution. Windsor and Spyer were two women who married in Canada in 2007; their home state, New York, recognized the marriage. When Spyer died in 2009 and left her estate to Windsor, her federal estate tax exemption for surviving spouses claim was barred by Section 3 of the Defense of Marriage Act (DOMA), 28 U.S.C. 1738C. Due to the numerous requests around the country for the Atlanta Bar to sign amicus briefs and the extraordinary amount of time it takes to consider those requests, the Board of Directors voted in June 2014 to modify the Amicus Brief policy to “consider amicus requests (on any topic/issue) those cases before either the U.S. Supreme Court, Eleventh Circuit, or Georgia’s Appellate Courts” instead of considering briefs from all appellate courts as originally allowed in 2007. 5 The brief of the Bay Area Lawyers argues that the U.S. Supreme Court should hold that “The Marriage Bans Violate The Equal Protection Clause…” because the Bans exclude a whole class of people, which violates “the principle that the Constitution ‘neither knows nor tolerates classes among citizens.’” The brief further argues that this exclusion of gay men and lesbians from access to marriage sets them and their families apart, denying them important benefits that are granted to heterosexual couples increasing the stigma and discrimination due to their sexual orientation. “There is widespread consensus among the district courts of the Sixth Circuit as well as other Courts of Appeals that laws such as The Official News Publication of the Atlanta Bar Association the Marriage Bans unconstitutionally disadvantage gays and lesbians without any legitimate justification.” To comply with and fulfill the Constitution’s Equal Protection Clause, the court should grant the same marriage rights that are allowed heterosexual couples. Additionally, the amicus brief argues that “classifications that are intended only to disadvantage a group of people fail even rational basis review…” and that “it is uniquely the province of the courts to decide the Equal Protection Challenge to the Marriage Bans …” and not the province of the states. Finally, the amicus brief also argues that “excluding same-sex couples from the institution of marriage harms gay and lesbian individuals, their families, and their children…” since “marriage is a uniquely revered institution in American society…” and “exclusion from marriage causes tangible harm…”: