Western conservatives make the case for marriage equality in court brief
A number of prominent conservatives from western states urged the 10th Circuit Court of Appeals to strike down state bans on same-sex marriage in a brief filed Tuesday.
Led by former Sen. Alan Simpson, who served as a Republican senator from Wyoming from 1979 to 1997, the brief describes the signees as “Western conservatives, moderates and libertarians who embrace the individual freedoms protected by our Constitution.”
“They embrace Ronald Reagan’s belief that the Republican party must be a ‘big tent,’” the brief continues. “Though they hail from diverse backgrounds, they share a common belief in the importance of limited government, individual freedom and stable families. Many have served as elected or appointed officeholders in states within the Tenth Circuit. They share Barry Goldwater’s belief that ‘We don’t seek to lead anyone’s life for him. We only seek … to secure his rights, … [and] guarantee him opportunity to strive, with government performing only those needed and constitutionally sanctioned tasks which cannot be otherwise performed.’”
The amicus brief comes as the 10th Circuit Court of Appeals is considering District Court decisions striking down same-sex marriage bans in Utah and Oklahoma and mirrors a similar brief that was filed with the U.S. Supreme Court last year making the conservative case for marriage equality.
Although the brief states that the signees believe strongly in the principle of judicial restraint and that courts generally must defer to lawmakers and voters, there are occasions when “actions by legislatures and popular majorities can on occasion pose significant threats to individual freedom, and that, when they do, courts should intervene.” According to the brief, it is when “the rights of one group of citizens hang in the balance” that intervention by the courts is most needed.
“It is precisely because marriage is so important in producing and protecting strong and stable family structures that Amici do not agree that the government can rationally promote the goal of strengthening families by denying civil marriage to same-sex couples,” the brief concludes. “As British Prime Minister and Conservative Party Leader David Cameron explained, ‘Conservatives believe in the ties that bind us; that society is stronger when we make vows to each other and support each other. So I don’t support gay marriage despite being a Conservative. I support gay marriage because I’m a Conservative.’ Amici agree. They support marriage for same-sex couples because they are conservatives.”
The full list of those who signed the brief:
Alan K. Simpson, United States Senator, Wyoming, 1979 to 1997
Nancy Landon Kassebaum, United States Senator, Kansas, 1978 to 1997
Gary E. Johnson, Governor of New Mexico, 1995 to 2003
Kenneth B. Mehlman, Chairman, Republican National Committee, 2005 to 2007
Michael Von Flatern, Wyoming State Senator, 2005 to present
B.J. Nikkel, Colorado House District 49, 2009 to present
Ruth Ann Petroff, Wyoming House District 16, 2011 to present
Al White, Colorado Senate District 8, 2009 to 2011, Colorado House District 64, 2001 to 2003, Colorado House District 57 (Redistricted) 2003 to 2009.
Jean White, Colorado Senate District 8, 2011 to 2013
Dan Zwonitzer, Wyoming House District 43, 2005 to present
Sean Duffy, Deputy Chief of Staff for Communications, Colorado Governor Bill Owens, 2001 to 2005
Britt Weygant Haley, former counsel to Colorado Governor Bill Owens Melvin D. Nimer, Treasurer, Salt Lake County Republican Party
John Gordon Storrs, North Region Chair and Member of Executive Committee of the Salt Lake County Republican Party
Richard A. Westfall, former Solicitor General of Colorado
Katie Biber, former General Counsel to Romney for President, Inc.
Owen Loftus, Colorado Republican consultant
Mario Nicolais, Colorado Senate candidate
Michael Beylkin, Colorado, attorney at law
Joe Megyesy, Communications Director to Congressman Mike Coffman, 2011 to 2012, Press Secretary for Colorado Senate Republicans, 2006 to 2009
[Photo: Alan Simpson, via the University of Illinois.]
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