Tag Archives: Trevor Potter

DOMA Supreme Court Brief Argues That Law Restricts Political Activity For Gay Married Couples

By The Huffington Post News Editors

WASHINGTON — Six former Federal Election Commission (FEC) commissioners filed a friend-of-the-court brief with the Supreme Court on Friday in the challenge to the federal Defense of Marriage Act (DOMA), stating that the law creates barriers to free speech for married gay couples under the nation’s campaign finance laws.

The brief says that DOMA, when imposed over campaign finance laws, prevents married gay couples from using the personal funds of a spouse for campaigns and from attending certain political meetings and contributing to political action committees (PACs) for unions and corporations that employ their spouse. The former commissioners argue that the burdens DOMA creates for gay candidates and donors should lead the Supreme Court to uphold the appeals court decision finding DOMA to be unconstitutional.

“Sexual orientation should never affect any American’s First Amendment right to free speech and association,” former FEC chairman and Caplin Drysdale lawyer Trevor Potter said in a statement. “Because of DOMA, though, discrimination is embedded in the very rules that shape political involvement. The Brief informs the Court of this fact to aid its deliberations on the constitutionality of DOMA.”

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Source: FULL ARTICLE at Huffington Post