Brief for Amici Curiae Scholars of the Constitutional Rights of Children in Support of Respondent Edith Windsor Addressing the Merits and Supporting Affirmance

This amicus brief filed by Scholars of the Constitutional Rights of Children turns the spotlight on children in same-sex families. The brief enumerates the ways Section 3 of DOMA impairs children's interests by denying federal recognition of their parents' marriages.

Brief of Amici Curiae Scholars of the Constitutional Rights of Children in Support of Petitioners in Obergefell v. Hodges

Supreme Court precedent establishes that the government may not punish children for matters beyond their control. Same-sex marriage bans and non-recognition laws (“marriage bans”) do precisely this. The states argue that marriage is good for children, yet marriage bans categorically exclude an entire class of children – children of same-sex couples – from the legal, economic and social benefits of marriage. This amicus brief recounts a powerful body of equal protection jurisprudence that prohibits punishing children to reflect moral disapproval of parental conduct or to incentivize adult behavior. We then explain that marriage bans punish children of same-sex couples because they: 1) foreclose their central legal route to family formation; 2) categorically void their existing legal parent-child relationships incident to out-of-state marriages; 3) deny them economic rights and benefits; and 4) inflict psychological and stigmatic harm. States cannot justify marriage bans as good for children and then exclude children of same-sex couples based on moral disapproval of their same-sex parents’ relationships or to incentivize opposite-sex couples to “procreate” within the bounds of marriage. To do so, severs the connection between legal burdens and individual responsibility and creates a permanent class or caste distinction.

Human Trafficking of Women and Children in the Philippines: Challenges and Solutions

Women and children become victims of human trafficking and exploitation as a result of economic globalization, national history, social structures, and geographical positioning. Human trafficking has increasingly become a global crisis of human rights violations, threatening the lives of women and children in developing countries, like the Philippines. The Philippines can evolve into a model for ending the exploitation of human trafficking if the government commits to implementing internationally recognized strategies, such as strengthening the prosecution of traffickers, providing efficient support for victims, and partnering with international organizations and local non-governmental organizations to further prevent human trafficking from occurring. The results will be felt locally, nationally, and internationally, helping the global community meet the challenges of the Millennium Development Goals.