Monday, February 04, 2013

Westboro & Windsor

Jason Mazzone

Fresh from its 2011 victory in Snyder v. Phelps, the Westboro Baptist Church has submitted an amicus brief in United States v. Windsor, the case the Supreme Court will hear next month on the constitutionality of section 3 of the Defense of Marriage Act. Whether by accident or design, Westboro now has the surely unprecedented distinction of authoring a brief to the Supreme Court on a constitutional question that makes not a single mention of the Constitution itself.  


The brief also breaks new ground by quoting at length from a Letter to the Editor from some guy in Australia in its Summary of Argument section.

When does anyone ever not consent to these things if this brief if accepted by both parties?

With respect though, the First Amendment is cited.


Didn't say Phelps was a good lawyer. Said he was a persistent one.

The brief seems to make a pretty straight forward argument. The Supreme Diety will nuke our cities if gay marriage is legal. I had never really thought about it, but that does seem like a pretty compelling state interest that would pass strict scrutiny . . . if you believed the predicate.

With respect though, the First Amendment is cited.

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