Judicial

One of America's fundamental guarantees of freedom, and one part of our system of "checks and balances," is an independent judiciary: judges who do their job of assuring constitutional and legal equality and justice for all, rather than just rubberstamping whatever politicians or the passions of the moment might dictate.

The growing consensus in courtrooms across the country is that there is simply no good reason to exclude same-sex couples from marriage. During the summer of 2010, two historic federal court rulings challenged marriage discrimination in California and Massachusetts.

Attacks on judges and the courts for doing their job are nothing new — going back to the denunciations of "activists judges" and billboards demanding the impeachment of the Supreme Court justices who ruled in favor of equality in cases such as Brown v. Board of Education. This disregard of the American judiciary was on full display during the 2010 Election, when anti-gay organizations and leaders flooded Iowa with money to unseat three Iowa Supreme Court justices for upholding the state’s constitutional principles.

Every American, gay or non-gay, is entitled to their day in court. Numerous organizations across the country are representing same-sex couples and their families in order to secure marriage to protect all families.

Blog Posts Related to Judicial

NY Attorney General files brief challenging DOMA

Two days after same-sex couples began legally marrying in New York, Attorney General Eric Schneiderman filed a brief challenging the federal Defense of Marriage Act.

Freedom to Marry Commends King & Spaulding for Dropping Defense of Discriminatory DOMA

Evan Wolfson, Founder and President of Freedom to Marry made the following statement on today’s announcement by the law firm of King & Spaulding that it would not represent the U.S. House of Representatives in defense of the so-called “Defense of Marriage Act”.

House Speaker Boehner Moves to Defend DOMA in Obama’s Place

Boehner took the opportunity to falsely accuse the president of overstepping his bounds for declaring the law unconstitutional.

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Resources Related to Judicial

Video: Law Professor Tobias Wolff Makes the Case for Marriage

Tobias Barrington Wolff, Professor of Law at the University of Pennsylvania Law School, makes the case for marriage on the Hoover Institution's "Uncommon Knowledge" program.

Testimony: Nancy F. Cott Defends Equal Marriage Rights

An article adapted from Harvard Professor Nancy F. Cott’s expert report submitted in the case of Perry v. Schwarzenegger in the U.S. District Court for the Northern District of California.

District Court Affirms Overturning Florida Gay Adoption Ban

The Florida Third District Court of Appeal decision affirming a circuit court ruling that found a law banning gay and lesbian people from adopting children unconstitutional.

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