SCOTUSToday marks 20 days until the Supreme Court of the United States (SCOTUS) will hear the historic marriage equality case, Obergefell v. Hodges. Today also marks the last day for marriage equality opponents to submit briefs to the Court.

Members of the GOP submitted an anti-marriage equality brief on Friday and the four states involved- Ohio, Kentucky Michigan and Tennessee- submitted briefs as well.

The National Organization for Marriage (NOM), the notoriously anti-LGBT organization led by Exporter of Hate Brian Brown, submitted their amicus brief yesterday—one day before the deadline.

To say that the brief, authored by “opinion expert” and NOM political director Frank Shubert, is problematic is an understatement.

NOM’s main argument rests in public opinion and polling data. Shubert argues that all of the polls showing growing support are somehow flawed. Shubert wrote in the brief, "The notion advanced in some corridors that the American people have significantly altered their views on same-sex marriage in recent years to the point that large majorities now support a redefinition of marriage and therefore would readily accept a mandate from this Court imposing same-sex marriage on the nation is simply not true.”

He references polls done by NOM and the anti-LGBT Family Research Council and believes that wording in other polls was flawed.

“Schubert noted that the Gallup survey suffers from two flaws,” NOM wrote in a press release. “First, it connects the marriage issue with ‘rights,’ making it difficult to separate out the issue of redefining marriage from the general issue of gay rights. Second, Gallup engages in a practice called ‘priming’ by asking a leading question about whether gay relationships should be legal (they have been legal for decades) designed to elicit support for same-sex couples right before asking respondents about support for same-sex marriage.”

Additionally, part of their argument warns the Supreme Court that “petitioners are asking this court to intervene in a heated political and policy dispute, an arena where judicial authority is at its lowest ebb.”

Last month, HRC delivered its own historic “People’s Brief” – with 207,551 signatories calling for full nationwide marriage equality – to the U.S. Supreme Court.

Following the brief, HRC released a new poll that found that 60 percent of likely voters support marriage equality, a new high point.

A decision in the case is expected by late June.


Filed under: Marriage, SCOTUS

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