Here at Jewschool, we’ve been talking smack about the “Anti”-Defamation League, and justifiably so. So it’s only fair that we also give them credit when they come out on the good side.
Today, the ADL filed an amicus brief in Perry v. Schwarzenegger, the case in which California’s Proposition 8 (prohibiting same-sex marriage) was ruled unconstitutional in federal district court, which has been appealed to the Ninth Circuit Court of Appeals and will be argued on December 6. The ADL’s brief is in support of upholding the lower court’s decision. It focuses on a specific argument that I hadn’t heard before (and I’ve been following the case fairly closely): California currently has marriage exclusively for opposite-sex couples and domestic partnership exclusively for same-sex couples. California citizens in domestic partnerships have to indicate “domestic partner” as their marital status when filling out forms (and can’t mark “married” or “single”), and are therefore required to disclose their sexual orientation in all sorts of irrelevant circumstances, violating their right to privacy. Furthermore, “the segregated system required by Proposition 8 and the disclosure of sexual orientation that results from that system are particularly damaging because gays and lesbians are subject to invidious discrimination and violence based on their homosexuality.”
Kudos to the ADL for standing up against defamation!