WASHINGTON, D.C. -- On March 31st, Family Research Council filed an amicus curiae brief with the U.S. Supreme Court concerning the upcoming April 28th hearing in which the Court will review state definitions of marriage as the union of one man and one woman. These cases have been consolidated under the name of Obergefell v. Hodges.
FRC's brief debunks the argument that the "fundamental right to marry" includes a right to marry a person of the same sex, as well as the contention that limiting marriage to opposite-sex unions constitutes a form of sex discrimination.
The brief also challenges the argument that the male-female marital definition discriminates on the basis of sexual orientation, noting that issuers of marriage licenses have never inquired into the sexual orientation of the (opposite-sex) spouses-to-be.
In a unique observation, FRC highlights (and lists in an appendix) previous same-sex marriage court cases in which one or more of the plaintiffs acknowledged that they had previously been legally married to a person of the opposite sex. This observation demonstrates either that sexual orientation is not immutable, that same-sex-attracted individuals are able to obtain marriage licenses, or both.
Family Research Council President Tony Perkins released the following statement:
"The American people will not accept marriage redefinition by judicial fiat from any court including the Supreme Court. Americans have not reached a 'broad social consensus' on the redefinition of marriage. The Justices need to remember this fact. Judges should not impose on the states something that will only cause deep social division. We continue to hear the narrative from those seeking to redefine our most basic social institution that thirty-seven states have same-sex 'marriage.'
"In reality, voters in only three states have endorsed redefining marriage.
"Americans should be free to uphold marriage as it has always been defined, the union of a man and a woman," concluded Perkins.
To review FRC's amicus brief, please see: http://downloads.frc.org/EF/EF15D21.pdf