If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.
On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex marriage are unconstitutional. The parties are represented by some of the lions of the Supreme Court bar, including two former Solicitor Generals—Paul Clement and Ted Olson—on either side of the issue (though arguing on separate days and on separate cases). Their briefs are strong.
But the Court allows others to file briefs as amici curiae, or “friends of the Court.” These amicus briefs are usually a mixed bag, and on cases like this especially so. Controversial cases about social issues bring out the crazies, and crazies can hire lawyers to write a brief. Sometimes the crazies are the lawyers.
Two days ago, I wrote that Slate’s editors should be ashamed of having published Mark Regnerus’s propagandistic tripe about his “study” comparing how children fare under intact families versus how they fare when their biological parents have a rocky time because one discovers or accepts that he or she is lesbian or gay.
When is a new study “research,” and when is it propaganda? That’s the question to ask when looking at Mark Regnerus’s “study,” released this past weekend, on children who had a parent who had an affair with someone of the same sex. Regnerus compares children who grew up in an intact household from birth to adulthood with children who started in a heterosexual marriage but who had a parent who crossed over to the gay side. And yet Regnerus is touting it as a study on the real-life experiences of children who grew up with lesbian or gay parents. Here’s what he says in Slate, of all places, which I usually respect:
While you were away from your computer over the holiday break, Catholic bishops escalated the latest tactic in what we once called "the culture wars": accusing pro-diversity and gay-equality forces of religious intolerance. Here's how it works. A government—state or federal—implements a nondiscrimination law and requires all of its contractors to abide by it. But some of those contractors are religious groups—say, Catholic Charities—and refuse to abide by a nondiscrimination policy that would require them to consider same-sex couples as prospective parents for foster care or adoption. Laurie Goodstein of The New York Timesnotes: