Apple, Facebook, and Dozens of Companies to File Brief Against Prop 8

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At least 60 companies, including Apple, Facebook, and Morgan Stanley are set to file an amicus brief to the U.S. Supreme Court on Feb. 28 arguing against California’s gay marriage ban.

According to a draft copy obtained by Fortune, the corporations say in the friend-of-the-court brief that laws like Proposition 8, which banned same-sex marriage in California,  “send an unmistakable signal that same-sex couples are in some way inferior to opposite-sex couples, a proposition that is anathema to amici's commitment to equality and fair treatment to all,” as quoted by Bloomberg.

Passed in 2008, Proposition 8 took away the right to marry from gays and lesbians in California. The law was challenged by two gay couples, who got a historic decision on Feb. 7, 2012, when the U.S. Court of Appeals for the Ninth Circuit found Proposition 8 unconstitutional. The proponents of the anti-gay law then took that decision to the Supreme Court.

The Supreme Court is set to hear oral arguments on the case (named Hollingsworth v. Perry) on March 26. The following day the high court will hear arguments in a case challenging the federal Defense of Marriage Act.

In their brief, the companies also argue that besides believing gay marriage is a constitutional right, they think it makes sense from a business standpoint.

“By singling out a group for less favorable treatment, Proposition 8 impedes businesses from achieving the market's ideal of efficient operations -- particularly in recruiting, hiring, and retaining talented people who are in the best position to operate at their highest capacity. Amici are competing domestically and internationally with companies inside and outside the United States in places where all couples, regardless of whether they are of the same sex, are afforded equal access to marriage,” part of the brief reads.

Besides the companies, a group of at least 75 Republicans have recently signed an amicus brief supporting gay marriage.


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