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.

Letter from William Croswell to Judge Davis, 1821 January 16-18

Four drafts of a letter to Judge Davis requesting his aid in obtaining payment from Harvard.

Letter from William Croswell to Judge Davis, 1821 March 8

Draft of a letter regarding Croswell's compensation from Harvard.

Letter from William Croswell to Judge Jackson, 1825 December 15

Copy of a note regarding the delivery of a letter to the Harvard Corporation.

[Letter presenting Judge Lowell's Eulogy of Governor Bowdoin, 1791]

One leaf containing an unsigned draft of a letter presenting John Lowell's published eulogy of Governor James Bowdoin to the recipient by the order of the American Academy of Arts and Sciences. The eulogy had been delivered by John Lowell on January 26, 1791.

Copy of answer to Judge Phillip's invitation to attend his son's Commencement. 1795 July 8

One-page handwritten copy of a letter of acceptance by Mr. and Mrs. Baldwin to join Judge Samuel Phillip (Harvard AB 1771) at the Harvard Commencement where his son John Phillips (Harvard AB 1795) was graduating.

Correspondence with Judge George Thatcher, 1789-1815

Correspondence from Tyng, who resided in Newburyport and Boston, to Congressman George Thacher of Maine, touching on a variety of political topics such as the judiciary act of 1789, the make-up of the United States Supreme Court, and the judges of the Massachusetts court system.

Judge's notes on cases heard in Lincoln County (Maine), 1788-1789?

Includes notes and summaries of witnesses' testimony on cases involving contracts and land disputes. One pamphlet bears note "Lincolns. July 7th 1789. Pownalboro. Supreme Court." Pownalborough Court House is in Dresden, Maine, which succeded from Pownalborough. In 1804, the town Pownalborough was renamed Wiscasset.

Calor est de essentia lucis. Probatur, 1759

Two-page handwritten copy of a thesis composed in Latin by graduate Paine Wingate for the 1759 Harvard Commencement.

An inventory of all of the estate of Caleb Gannett late of Cambridge in the county of Middlesex, Esquire, deceased, appraised upon oath by us the subscribers, duly appointed to that service by the Hon. James Prescott Esq. Judge of Probate & wills, in said county of Middlesex, viz., 1818 May 21

Eight-page handwritten inventory and appraisal of Caleb Gannett's real estate and personal estate by William Hilliard, James R. Chaplin, and Royal Morse with an attached certification of the Middlesex County Court of Probate signed May 26, 1818.