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San Francisco Giants File Brief in Support of Gay Marriage to Supreme Court

The San Francisco Giants are one of three professional sports teams in North America that have filed an amicus brief with the United States Supreme Court in support of an argument in favor of same-sex marriage.

Without getting into too much detail regarding what an amicus brief is, here’s a description directly from Cornell Law.

An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored. An amicus curiae brief may be filed only by an attorney admitted to practice before this Court as provided.

The case, Obergefell v. Hodges, asks if the Fourteenth Amendment to the United States Constitution requires states to issue marriage licenses to couples of the same sex. It originates from an Ohio case that focused on a widower seeking recognition from the state in a death certificate.

Here’s a portion of the brief (via SB Nation).

Some of the states in which amici do business make marriage equally available to all of our employees and colleagues; others prohibit marriages between couples of the same sex and refuse to recognize existing same-sex marriages. This dual regime burdens amici. It creates legal uncertainty and imposes unnecessary costs and administrative complexities on employers, and requires differential employer treatment of employees who are similarly situated save for the state where they reside.

Some may question what a professional baseball team has to do with this case, and why it feels the need to file a brief with the court.

The answer to that question is rather simple. The San Francisco Giants conduct business in multiple states in which gay marriage is not recognized. Regardless of our stance on the subject, they have every right to support those within the organization and fans that may not acquire the same rights as heterosexuals based on their sexual orientation.

In addition to the Giants, the Tampa Bay Rays and New England Patriots also filed briefs with the United States Supreme Court relating to this case.

Here’s the brief in full.

Photo: USA Today

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