March 14, 2013
Broad, Diverse Defense of Marriage at Supreme Court
by Ryan T. Anderson, William E. Simon Fellow in Religion and a Free Society
Scholars have filed more than 50 amicus briefs with the United States 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. 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... the principal purpose of marriage is channeling 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. The Attorneys General for 20 states defend the rational basis of their states’ marriage law and the irrationality of redefining marriage: “No limiting principle for excluding other groupings of individuals.” And 37 scholars of federalism and judicial restraint argue that “[p]rinciples of federalism and judicial restraint urge this Court to exercise caution when considering the expansion of constitutional rights in areas of contentious social dispute.” The laboratories of democracy—not unelected judges—should make marriage policy for the nation. Many, many more briefs could be highlighted, and the Alliance Defending Freedom has listed a selection of them here. In the coming days, Heritage will spotlight these briefs in greater detail. Marriage matters and the Court should recognize the Constitutional authority of citizens and their elected officials when it comes to making marriage policy. What do you think? Read the rest and comment on our blog >>
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