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CA Marriage Decision Cites Psychologists' Brief |
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| Posted by: | Greg Herek |
| Title/Position: | Professor |
| School/Organization: | University of California, Davis |
| Sent to listserv of: | SPSSI |
| Date posted: | June 3rd, 2008 |
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Dear SPSSI Colleagues,
By now, you've probably heard about the California Supreme Court's May 15th ruling that denying marriage equality to same-sex couples is unconstitutional. But you may not have heard that the Court's majority decision cited the amicus brief filed by the American Psychological Association and other professional groups.
Many SPSSI members contributed to that brief.
Notably, the APA brief was the only amicus brief explicitly cited by the justices to support their ruling and the quotation was fairly extensive (187 words).
The justices quoted the the brief in connection with their finding that sexual orientation constitutes a "suspect classification" under California law and, consequently, laws and policies that discriminate on the basis of sexual orientation must be subjected to strict judicial scrutiny. This is the same standard that is applied to racial discrimination.
The justices' ruling in this regard has significant implications for civil rights that extend far beyond the specific issue of marriage rights.
I've posted more information about the Court's use of the APA brief on my blog, BeyondHomophobia.com. Here's the exact URL:
http://www.beyondhomophobia.com/blog/2008/05/15/ca-marriage-decision-footnote/
You can download the APA brief at:
http://www.courtinfo.ca.gov/courts/supreme/highprofile/documents/Amer_Psychological_
Assn_Amicus_Curiae_Brief.pdf
And you can read the Court's decision at:
http://www.courtinfo.ca.gov/opinions/documents/S147999.PDF
You may have also heard that California's November ballot will include a proposed constitutional amendment to undo the Court's decision. But recent polling data suggest that the amendment's supporters may face an uphill battle. My blog reports on the polling data:
http://www.beyondhomophobia.com/blog/2008/05/29/field-poll/
The California decision is a big victory, and SPSSI members helped to make it happen.
Best regards,
Greg Herek
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