Dozens of prominent Republicans, 75 and counting as of last night, have signed an amicus brief being filed with the Supreme Court in support of gay marriage, and the overturning of California's Proposition 8. Notable among the list are former California gubernatorial candidate Meg Whitman, who supported Prop 8 during her candidacy, former Utah governor Jon M. Huntsman Jr., and several top advisors from George W. Bush's administration.
SCOTUS is scheduled to hear oral arguments over Prop 8 as well as a case involving the Defense of Marriage Act on March 26 and 27. Some legal analysts and gay rights advocates were surprised that the court decided to hear the Prop 8 case at all, and many have surmised that this was likely bad news for gay marriage a decision in support of Prop 8 would solidify all other similar state measures, and set the movement back at least a decade.
This brief, being filed with the court this week, represents a smart tactic by one of the conservative attorneys who will be arguing the case before the court, Ted Olson the brief, as the NYT reports, is being filed "with his blessing," and it's very likely that it was his idea. Using past SCOTUS decisions near and dear to conservatives, including Citizens United, it argues that support for gay marriage should now be defined as support for traditional values, and the advancement of Republican ideals of "limited government and maximizing individual freedom."
Tom Goldstein of Scotusblog tells the NYT that he sees this brief as having the power to sway the votes of one or two of the justices who will really matter (basically Kennedy or Roberts). He writes:
The person who is going to decide this case, if it’s going to be close, is going to be a conservative justice who respects traditional marriage but nonetheless is sympathetic to the claims that this is just another form of hatred. If you’re trying to persuade someone like that, you can’t persuade them from the perspective of gay rights advocacy.
Maybe there's some hope for this after all. List of noted Republicans who signed the amicus brief so far:
- Ken Mehlman, Chairman, Republican National Committee, 2005-2007
- Tim Adams, Undersecretary of the Treasury for International Affairs, 2005-2007
- David D. Aufhauser, General Counsel, Department of Treasury, 2001-2003
- Cliff S. Asness, Businessman, Philanthropist, and Author
- John B. Bellinger III, Legal Adviser to the Department of State, 2005-2009
- Katie Biber, General Counsel, Romney for President, 2007-2008 and 2011-2012
- Mary Bono Mack, Member of Congress, 1998-2013
- William A. Burck, Deputy Staff Secretary, Special Counsel and Deputy Counsel to the President, 2005-2009
- Alex Castellanos, Republican Media Advisor
- Paul Cellucci, Governor of Massachusetts, 1997-2001, and Ambassador to Canada, 2001-2005
- Mary Cheney, Director of Vice Presidential Operations, Bush-Cheney 2004
- Jim Cicconi, Assistant to the President & Deputy to the Chief of Staff, 1989-1990
- James B. Comey, United States Deputy Attorney General, 2003-2005
- R. Clarke Cooper, U.S. Alternative Representative, United Nations Security Council, 2007-2009
- Julie Cram, Deputy Assistant to the President and Director White House Office of Public Liaison, 2007-2009
- Michele Davis, Assistant Secretary for Public Affairs and Director of Policy Planning, Department of the Treasury, 2006-2009
- Kenneth M. Duberstein, White House Chief of Staff and Assistant to the President, 1981-1984 and 1987-1989
- Lew Eisenberg, Finance Chairman, Republican National Committee, 2002-2004
- Elizabeth Noyer Feld, Public Affairs Specialist, White House Office of Management and Budget, 1984-1987
- David Frum, Special Assistant to the President, 2001-2002
- Richard Galen, Communications Director, Speaker’s Political Office, 1996-1997
- Mark Gerson, Chairman, Gerson Lehrman Group and Author of The Neoconservative Vision: From the Cold War to the Culture Wars and In the Classroom: Dispatches from an Inner-City School that Works
- Benjamin Ginsberg, General Counsel, Bush-Cheney 2000 & 2004
- Adrian Gray, Director of Strategy, Republican National Committee, 2005-2007
- Richard Grenell, Spokesman, U.S. Ambassadors to the United Nations, 2001-2008
- Patrick Guerriero, Mayor, Melrose Massachusetts and member of Massachusetts House of Representatives, 1993-2001
- Carlos Gutierrez, Secretary of Commerce, 2005-2009
- Stephen Hadley, Assistant to the President and National Security Advisor, 2005-2009
- Richard Hanna, Member of Congress, 2011-Present
- Israel Hernandez, Assistant Secretary of Commerce for International Trade, 2005-2009
- Margaret Hoover, Advisor to the Deputy Secretary of Homeland Security, 2005-2006
- Michael Huffington, Member of Congress, 1993-1995
- Jon Huntsman, Governor of Utah, 2005-2009
- David A. Javdan, General Counsel, United States Small Business Administration, 2002-2006
- Reuben Jeffery, Undersecretary of State for Economic, Energy, and Agricultural Affairs, 2007-2009
- Greg Jenkins, Deputy Assistant to the President and Director of Presidential Advance, 2003-2004
- Coddy Johnson, National Field Director, Bush-Cheney 2004
- Gary Johnson, Governor of New Mexico, 1995-2003
- Robert Kabel, Special Assistant to the President for Legislative Affairs, 1982-1985
- Theodore W. Kassinger, Deputy Secretary of Commerce, 2004-2005
- Jonathan Kislak, Deputy Undersecretary of Agriculture for Small Community and Rural Development, 1989-1991
- David Kochel, Senior Advisor to Mitt Romney’s Iowa Campaign, 2007-2008 and 2011-2012
- James Kolbe, Member of Congress, 1985-2007
- Jeffrey Kupfer, Acting Deputy Secretary of Energy, 2008-2009
- Kathryn Lehman, Chief of Staff, House Republican Conference, 2003-2005
- Daniel Loeb, Businessman and Philanthropist
- Alex Lundry, Director of Data Science, Romney for President, 2012
- Greg Mankiw, Chairman, Council of Economic Advisers, 2003-2005
- Catherine Martin, Deputy Assistant to the President and Deputy Communications Director for Policy & Planning, 2005-2007
- Kevin Martin, Chairman, Federal Communications Commission, 2005-2009
- David McCormick, Undersecretary of the Treasury for International Affairs, 2007-2009
- Mark McKinnon, Republican Media Advisor
- Bruce P. Mehlman, Assistant Secretary of Commerce, 2001-2003
- Connie Morella, Member of Congress, 1987-2003 and U.S. Ambassador to the Organization for Economic Co-operation and Development, 2003-2007
- Michael E. Murphy, Republican Political Consultant
- Michael Napolitano, White House Office of Political Affairs, 2001-2003
- Ana Navarro, National Hispanic Co-Chair for Senator John McCain’s Presidential Campaign, 2008
- Noam Neusner, Special Assistant to the President for Economic Speechwriting, 2002-2005
- Nancy Pfotenhauer, Economist, Presidential Transition Team, 1988 and President's Council on Competitiveness, 1990
- J. Stanley Pottinger, Assistant U.S. Attorney General (Civil Rights Division), 1973-1977
- Michael Powell, Chairman, Federal Communications Commission, 2001-2005
- Deborah Pryce, Member of Congress, 1993-2009
- John Reagan, New Hampshire State Senator, 2012-Present
- Kelley Robertson, Chief of Staff, Republican National Committee, 2005-2007
- Ileana Ros-Lehtinen, Member of Congress, 1989-Present
- Harvey S. Rosen, Member and Chairman, Council of Economic Advisers, 2003-2005
- Lee Rudofsky, Deputy General Counsel, Romney for President, 2012-
- Patrick Ruffini, eCampaign Director, Republican National Committee, 2005-2007
- Steve Schmidt, Deputy Assistant to the President and Counselor to the Vice President, 2004-2006
- Ken Spain, Communications Director, National Republican Congressional Committee, 2009-2010
- Robert Steel, Undersecretary of the Treasury for Domestic Finance, 2006-2008
- David Stockman, Director, Office of Management and Budget, 1981-1985
- Jane Swift, Governor of Massachusetts, 2001-2003
- Michael E. Toner, Chairman and Commissioner, Federal Election Commission, 2002-2007
- Michael Turk, eCampaign Director for Bush-Cheney 2004
- Mark Wallace, U.S. Ambassador to the United Nations, Representative for UN Management and Reform, 2006-2008
- Nicolle Wallace, Assistant to the President and White House Communications Director, 2005-2008
- William F. Weld, Governor of Massachusetts, 1991-1997, and Assistant U.S. Attorney General (Criminal Division), 1986-1988
- Christine Todd Whitman, Governor of New Jersey, 1994-2001, and Administrator of the EPA, 2001-2003
- Meg Whitman, Republican Nominee for Governor of California, 2010
- Robert Wickers, Republican Political Consultant
- Dan Zwonitzer, Wyoming State Representative, 2005-present
[NYT]
