American Foundation for Equal Rights

Marriage News Blog

Read AFER’s Powerful Supreme Court Brief

AFER’s attorneys, led by distinguished co-counsel Ted Olson and David Boies, have filed our powerful brief with the U.S. Supreme Court.


This is our one and only brief that we will file with the Court. It is our chance to explain to the Justices that marriage equality is at the heart of our generation’s search for greater freedom and a basic American value, deeply rooted in our constitutional tradition. PDF version >

“Because of their sexual orientation—a characteristic with which they were born and which they cannot change—Plaintiffs and hundreds of thousands of gay men and lesbians in California and across the country are being excluded from one of life’s most precious relationships. They may not marry the person they love, the person with whom they wish to partner in building a family and with whom they wish to share their future and their most intimate and private dreams. Although opening to them participation in the unique and immensely valuable institution of marriage will not diminish the value or status of marriage for heterosexuals, withholding it causes infinite and permanent stigma, pain, and isolation. It denies gay men and lesbians their identity and their dignity; it labels their families as second-rate. That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the Fourteenth Amendment, and the dream of all Americans. This badge of inferiority, separateness, and inequality must be extinguished. When it is, America will be closer to fulfilling the aspirations of all its citizens.”