Broad, Diverse Defense of Marriage at Supreme Court

Ryan T. Anderson

March 10, 2013 at 2:46 pm

Ken Weingart Stock Connection Worldwide/Newscom

Scholars have filed more than 50 amicus briefs with the Supreme Court urging it to uphold California’s Proposition 8 and the federal Defense of Marriage Act (DOMA). While the media seems intent on ignoring these briefs and hyping the briefs on the other side, the sheer number and quality of the briefs in defense of laws recognizing marriage as the union of a man and a woman is impressive.

Austin Nimocks, Senior Counsel at the Alliance Defending Freedom, explains the significance:

During the Supreme Court’s 2011-2012 term, an average of only 10 amicus briefs per case were filed. And in the historic landmark case of Roe v. Wade, only 26 total amicus briefs were filed.

By comparison a combined total of 58 amicus briefs were filed in support of Prop 8 and DOMA. The pro-marriage arguments are deep, rich, well-reasoned, common sense- and common good-based, and worthy of serious reflection by the Court and any other American interested in the future of our most important social institution.

Here are just a few of the arguments:

Family law expert Helen Alvare argues that society’s interest in the upbringing of children and marriage’s unique ability to serve that interest explains the government’s involvement in marriage. Tracing the consequences of the past half century’s “retreat from marriage,” and its disparate effects on America’s poor, Alvare argues that redefining marriage to exclude sexual complementarity would cause social harms to increase. The consequences of redefining marriage is the focus of the amicus brief that I filed with my co-authors Robert P. George and Sherif Girgis.

Former U.S. Attorney General Ed Meese responds to charges that marriage laws violate legal guarantees of equal protection and argues that same-sex and opposite-sex relationships are not similarly situated:

Given the near-universal view, across different societies and different times, that a principle, if not the principal, purpose of marriage is the channeling of the unique procreative abilities of opposite-sex relationships into a societally beneficial institution, it is clear that same-sex and opposite-sex couples are not similarly situated with respect to that fundamental purpose.

A group of international jurists and academics points out that not until the year 2000 did any political body recognize same-sex unions as marriages, that even today only 12 non-U.S. jurisdictions recognize same-sex unions as marriages, and that “same-sex marriage is not required by international human rights norms”

Read more at The Heritage Network.