Arent Fox Partner Craig Engle Appears on The Hugh Hewitt Show to Debate the Constitutionality of Same Sex Marriage
Arent Fox Political Law partner Craig Engle appeared on The Hugh Hewitt Show to discuss how campaign finance laws and same sex marriage bans can violate the First Amendment. Hugh Hewitt moderated a debate between Craig and Chapman University’s Fowler School of Law’s John Eastman about the two subjects — as presented in a recent Supreme Court amicus brief that Mr. Engle filed on behalf of a client, Liberty Fund.
Mr. Engle explained that he approaches constitutional criticism of same sex marriage from the First Amendment — not the Fifth. “A lot of the arguments in the Supreme Court deal with the 5th Amendment, and an equal protection that same sex couples are being denied by not being allowed to marry.” “My argument is a 1st Amendment argument. And the rule is everyone has a 1st Amendment right to make a political contribution. That’s settled law.” Mr. Engle went on to demonstrate how married spouses can have two contribution limits, but partners in a same sex relationship only one.
Mr. Hewitt asked whether the brief would actually be read by the Supreme Court justices, given the attention given to this argument. Mr. Engle responded, “Actually, I do, because it is a standout argument. It’s based on a completely different amendment. And justices have families.” He added, “Some of them are married, some of them are not. If anybody could stand up there and look one of them in the eye and say you get two contribution limits, but over there, you only get one, I think that would raise more than eyebrows.”