March, 27 2013, 11:21am EDT

For Immediate Release
Contact:
(202) 466-3234,Joe Conn,Rob Boston,Sandhya Bathija
Marriage Equality is a Matter of Simple Justice, Says Americans United
U.S. Is Not A Theocracy Where Sectarian Groups Dominate The Law, AU’s Lynn Tells Rally At Supreme Court
WASHINGTON
The U.S. Supreme Court today is hearing oral arguments in a case about the Defense of Marriage Act (DOMA), a federal law that bars federal government recognition of the marriages of same-sex couples. Yesterday, the justices heard argument in a case dealing with Proposition 8, a California constitutional amendment that removed the right of same-sex couples to marry.
The Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State, gave the following address today at the "United for Marriage" rally in front of the Supreme Court building.
Said Lynn:
"I am a minister in the United Church of Christ and a member of the Supreme Court bar. Long ago, I gave up thinking I had the gift of prophecy generally and I've also given up trying to predict specifically what the justices behind us will do.
"Two groups of Americans have been gathering here for the past two days. I know quite a few people in both camps. Those who are anti-marriage equality are not all haters and bigots. But - they are all wrong. Their time is past and they know it; polls demonstrate that they cannot even convince their own children they are right. Their ethical analyses and their purportedly moral viewpoints will soon be relegated to the dustbin of human history.
"I oppose the agenda of the Religious Right every day at Americans United for Separation of Church and State, because I know that the United States is not a theocracy; it is not a place where the law reflects some powerful group's narrow and crabbed view of what any holy scripture allegedly says. It is why we have fought for a separation of church and state - and why we need to get that correct each day.
"We would not have DOMA or Proposition 8 if it were not for the wealthy and powerful sectarian forces that stand behind the rubric of marriage inequality and who treat some to a second-class citizenship our Constitution abhors.
"American history is an interesting thing. Taking the long view, it is crafted by ordinary people like us more than by presidents or senators or Supreme Court justices. And sometimes sooner, sometimes later, we the people tend to get it right. And we - the second camp - are getting it right today: we are standing up for something so fundamental, so real, so remarkably simple that these marble steps cry that we haven't seen it sooner.
"I have been married to my spouse Joanne for 42 years; we have two great children - one girl, one boy; we are just what one anti-equality speaker on the radio yesterday said was the dream American family. I know how good that feels. Yesterday, I was in tears listening to the dreams of other families, dreams that cannot yet be fulfilled for them because of the very law being debated today inside that building.
"You shouldn't need a theological or a legal degree to recognize one simple equation. All people who are willing to accept the rights and responsibilities of a long-term commitment deserve equal treatment under our Constitution no matter what job they do, no matter what state they live in, no matter who they love. A simple equation of simple justice!
"As I said, I don't know what this Supreme Court will do in June. I don't know whether our side will win or lose or get a mixed message or perhaps get no definitive answers at all. This I do know. If decisions don't go our way, we will find every other venue in which to make our arguments; and we will return to this court one day.
"Even if we prevail on the arguments of the past two days, our job will not be over. Decisions of this court are not self executing. We will need to be vigilant that every family is accorded whatever rights this Court grants them. Just like Brown v. Board of Education, we will need to be sure that every state, every community, puts the principle into practice and that no one is left behind.
"And we will do that because we have always done that. We do not stop litigating, we do not stop marching, we do not stop debating, we do not stop organizing until we win for everyone."
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
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ICE Goons Pepper Spray Congresswoman Adelita Grijalva During Tucson Raid
"If federal agents are brazen enough to fire pellets directly at a member of Congress, imagine how they behave when encountering defenseless members of our community," Grijalva said.
Dec 05, 2025
In what Arizona's attorney general slammed as an "unacceptable and outrageous" act of "unchecked aggression," a federal immigration officer fired pepper spray toward recently sworn-in Congresswoman Adelita Grijalva during a Friday raid on a Tucson restaurant.
Grijalva (D-Ariz.) wrote on social media that US Immigration and Customs Enforcement (ICE) officers "just conducted a raid by Taco Giro in Tucson—a small mom-and-pop restaurant that has served our community for years."
"When I presented myself as a member of Congress asking for more information, I was pushed aside and pepper sprayed," she added.
Grijalva said in a video uploaded to the post that she was "sprayed in the face by a very aggressive agent, pushed around by others, when I literally was not being aggressive, I was asking for clarification, which is my right as a member of Congress."
The video shows Grijalva among a group of protesters who verbally confronted federal agents over the raid. Following an order to "clear," an agent is seen firing what appears to be a pepper ball at the ground very near the congresswoman's feet. Video footage also shows agents deploying gas against the crowd.
"They're targeting small mom-and-pop businesses that don't have the financial resources to fight back," Grijalva told reporters after the incident. "They're targeting small businesses and people that are helping in our communities in order to try to fill the quota that [President Donald] Trump has given them."
Mocking the incident on social media, Department of Homeland Security spokesperson Tricia McLaughlin contended that Grijalva "wasn’t pepper sprayed."
"She was in the vicinity of someone who *was* pepper sprayed as they were obstructing and assaulting law enforcement," she added. "In fact, two law enforcement officers were seriously injured by this mob that [Grijalva] joined."
McLaughlin provided no further details regarding the nature of those injuries.
Democrats in Arizona and beyond condemned Friday's incident, with US Sen. Ruben Gallego writing on social media that Grijalva "was doing her job, standing up for her community."
"Pepper spraying a sitting member of Congress is disgraceful, unacceptable, and absolutely not what we voted for," he added. "Period."
Democratic Arizona Attorney General Kris Mayes said on social media: "This is unacceptable and outrageous. Enforcing the rule of law does not mean pepper spraying a member of Congress for simply asking questions. Effective law enforcement requires restraint and accountability, not unchecked aggression."
Congresswoman Pramila Jayapal (D-Wash.) also weighed in on social media, calling the incident "outrageous."
"Rep. Grijalva was completely within her rights to stand up for her constituents," she added. "ICE is completely lawless."
Friday's incident follows federal agents' violent removal of Sen. Alexa Padilla (D-Calif.) from a June press conference held by Homeland Security Secretary Kristi Noem.
Congresswoman LaMonica McIver (D-NJ) was federally indicted in June for allegedly “forcibly impeding and interfering with federal officers" during an oversight visit at a privately operated migrant detention center in Newark, New Jersey and subsequent confrontation with ICE agents outside of the lockup in which US Reps. Bonnie Watson Coleman and Rob Menendez, both New Jersey Democrats, were also involved.
Violent assaults by federal agents on suspected undocumented immigrants—including US citizens—protesters, journalists, and others are a regular occurrence amid the Trump administration's mass deportation campaign.
"If federal agents are brazen enough to fire pellets directly at a member of Congress, imagine how they behave when encountering defenseless members of our community," Grijalva said late Friday on social media. "It’s time for Congress to rein in this rogue agency NOW."
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California Gov. Gavin Newsom, considered by some to be the frontrunner to be the next Democratic presidential nominee, said during a panel on Wednesday that he wants his party to be a “big tent” that welcomes large numbers of people into the fold. But he’s “adamantly against” one of the most popular proposals Democrats have to offer: a wealth tax.
In October, progressive economists Emmanuel Saez and Robert Reich joined forces with one of California's most powerful unions, the Service Employees International Union's (SEIU) United Healthcare Workers West, to propose that California put the nation’s first-ever wealth tax on the ballot in November 2026.
They described the measure as an "emergency billionaires tax" aimed at recouping the tens of billions of dollars that will be stripped from California's 15 million Medicaid recipients over the next five years, after Republicans enacted historic cuts to the program in July with President Donald Trump's One Big Beautiful Bill Act, which dramatically reduced taxes for the wealthiest Americans.
Among those beneficiaries were the approximately 200 billionaires living in California, whose average annual income, Saez pointed out, has risen by 7.5% per year, compared with 1.5% for median-income residents.
Under the proposal, they would pay a one-time 5% tax on their total net worth, which is estimated to raise $100 billion. The vast majority of the funds, about 90%, would be used to restore Medicaid funding, while the rest would go towards funding K-12 education, which the GOP has also slashed.
The proposal in California has strong support from unions and healthcare groups. But Newsom has called it “bad policy” and “another attempt to grab money for special purposes.”
Meanwhile, several of his longtime consultants, including Dan Newman and Brian Brokaw, have launched a campaign alongside “business and tech leaders” to kill the measure, which they’ve dubbed “Stop the Squeeze." They've issued familiar warnings that pinching the wealthy too hard will drive them from the state, along with the critical tax base they provide.
At Wednesday's New York Times DealBook Summit, Andrew Ross Sorkin asked Newsom about his opposition to the wealth tax idea, comparing it to a proposal by recent New York City Mayor-elect Zohran Mamdani, who pledged to increase the income taxes of New Yorkers who earn more than $1 million per year by 2% in order to fund his city-wide free buses, universal childcare, and city-owned grocery store programs.
Mamdani's proposal was met with a litany of similar warnings from Big Apple bigwigs who threatened to flee the city and others around the country who said they'd never move in.
But as Robin Kaiser-Schatzlein explained in October for the American Prospect: "The evidence for this is thin: mostly memes shared by tech and finance people... Research shows that the truth of the matter is closer to the opposite. Wealthy individuals and their income move at lower rates than other income brackets, even in response to an increase of personal income tax." Many of those who sulked about Mamdani's victory have notably begun making amends with the incoming mayor.
Moreover, the comparison between Mamdani's plan and the one proposed in California is faulty to begin with. As Harold Meyerson explained, also for the Prospect: "It is a one-time-only tax, to be levied exclusively on billionaires’ current (i.e., 2025) net worth. Even if they move to Tasmania, they will still be liable for 5% of this year’s net worth."
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Nevertheless, Sorkin framed Newsom as being in an existential battle of ideas with Mamdani, asking how the two could both represent the Democratic Party when they are so "diametrically opposed."
"Well, I want to be a big-tent party," Newsom replied. "It's about addition, not subtraction."
Pushed on the question of whether there should be a "unifying theory of the case," Newsom responded that “we all want to be protected, we all want to be respected, we all want to be connected to something bigger than ourselves. We have fundamental values that I think define our party, about social justice, economic justice.”
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Polling is scarce so far on the likelihood of such a measure passing in California. But nationally, polls suggest that the vast majority of Democrats fall on the "re-distribution" side of Newsom's "dialectic." In fact, the majority of all Americans do, regardless of party affiliation.
Last year, Inequality.org examined 55 national and state polls about a number of different taxation policies and found:
A billionaire income tax garnered the most support across party identification. On average, two out of three (67%) of Americans supported the tax including 84% of Democrats, 64% of Independents, and 51% of Republicans.
In national polls, a wealth tax had similarly high levels of support. More than three out of five Americans supported the tax including 78% of Democrats, 62% of Independents, and 51% of Republicans.
That sentiment only seems to have grown since the return of President Donald Trump. An Economist/YouGov poll released in early November found that 72% of Americans said that taxes on billionaires should be raised—including 95% of Democrats, 75% of independents, and 48% of Republicans. Across the board, just 15% said they should not be raised.
Support remains high when the proposal is more specific as well. On the eve of Mamdani's election, despitre months of fearmongering, 64% of New Yorkers said they backed his proposal, including a slight plurality of self-identified conservatives, according to a Siena College poll.
Many observers were perplexed by how Newsom proposes to maintain a “big tent” while opposing policies supported by most of the people inside it.
"A wealth tax is a big tent policy unless the only people you care about are billionaires," wrote Jonathan Cohn, the political director for Progressive Mass, a grassroots organization in Massachusetts, on social media.
"Gavin Newsom—estimated net worth between $20 and $30 million—says he's opposed to a billionaire wealth tax. Color me shocked," wrote the Columbia University lecturer Anthony Zenkus. "Democrats holding him up as a potential savior for 2028 is a clear example of not reading the room."
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The United States Supreme Court on Friday agreed to decide whether US President Donald Trump's executive order ending birthright citizenship—as guaranteed under the 14th Amendment for more than 150 years—is constitutional.
Next spring, the justices will hear oral arguments in Trump's appeal of a lower court ruling that struck down parts of an executive order—titled Protecting the Meaning and Value of American Citizenship—signed on the first day of the president's second term. Under the directive, which has not taken effect due to legal challenges, people born in the United States would not be automatically entitled to US citizenship if their parents are in the country temporarily or without legal authorization.
Enacted in 1868, the 14th Amendment affirms that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
While the Trump administration argues that the 14th Amendment was adopted to grant US citizenship to freed slaves, not travelers or undocumented immigrants, two key Supreme Court cases have affirmed birthright citizenship under the Constitution—United States v. Wong Kim Ark (1898) and Afroyim v. Rusk (1967).
Here is the question presented. It's a relatively clean vehicle for the Supreme Court to finally decide whether it is lawful for the president to deny birthright citizenship to the children of immigrants. www.supremecourt.gov/DocketPDF/25...
[image or embed]
— Mark Joseph Stern (@mjsdc.bsky.social) December 5, 2025 at 10:55 AM
Several district court judges have issued universal preliminary injunctions to block Trump's order. However, the Supreme Court's right-wing supermajority found in June that “universal injunctions likely exceed the equitable authority that Congress has given to federal courts."
In July, a three-judge panel of the US Court of Appeals for the 9th Circuit unanimously ruled that executive order is an unconstitutional violation of the plain language of the 14th Amendment. In total, four federal courts and two appellate courts have blocked Trump's order.
“No president can change the 14th Amendment’s fundamental promise of citizenship,” Cecillia Wang, national legal director at the ACLU—which is leading the nationwide class action challenge to Trump's order—said in a statement Friday. “We look forward to putting this issue to rest once and for all in the Supreme Court this term.”
Brett Edkins, managing director of policy and political affairs at the advocacy group Stand Up America, was among those who suggested that the high court justices should have refused to hear the case given the long-settled precedent regarding the 14th Amendment.
“This case is a right-wing fantasy, full stop. That the Supreme Court is actually entertaining Trump’s unconstitutional attack on birthright citizenship is the clearest example yet that the Roberts Court is broken beyond repair," Edkins continued, referring to Chief Justice John Roberts.
"Even if the court ultimately rules against Trump, in a laughable display of its supposed independence, the fact that fringe attacks on our most basic rights as citizens are being seriously considered is outrageous and alarming," he added.
Aarti Kohli, executive director of the Asian Law Caucus, said that “it’s deeply troubling that we must waste precious judicial resources relitigating what has been settled constitutional law for over a century," adding that "every federal judge who has considered this executive order has found it unconstitutional."
Tianna Mays, legal director for Democracy Defenders Fund, asserted, “The attack on the fundamental right of birthright citizenship is an attack on the 14th Amendment and our Constitution."
"We are confident the court will affirm this basic right, which has stood for over a century," Mays added. "Millions of families across the country deserve and require that clarity and stability.”
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