On March 5, 2015, Munger, Tolles & Olson attorneys Jerome C. Roth and Amelia L.B. Sargent filed an amicus brief in the U.S. Supreme Court on behalf of Bay Area Lawyers for Individual Freedom (BALIF) and 30 other bar organizations nationwide. The brief was filed in support of the petitioners’ position that various states’ constitutional and statutory bans on same-sex marriage are unconstitutional and violate the Equal Protection Clause of the Fourteenth Amendment. The brief, filed in the consolidated cases of Obergefell v. Hodges, Tanco v. Haslam, DeBoer v. Snyder and Bourke v. Beshear, argues that the Sixth Circuit was wrong to leave the issue of the constitutionality of the same-sex marriage bans to state voters and legislators. It also argues that the bans deprive same-sex couples of the fundamental right to marry in violation of the precepts set forth in the seminal decision of Brown v. Board of Education and inflict profound legal, economic and emotional harms on the couples, their families and their children. Oral argument before the Supreme Court is slated for April 28, 2015.
Munger Tolles has been extensively involved in same-sex marriage litigation for years, before state and federal trial and appellate courts, including the California Supreme Court.
Read the full brief here.