Anti-gay orgs file amicus briefs in DOMA case

Posted on 19 Jan 2011 at 11:14pm

Gay & Lesbian Advocates & Defenders gave the heads up that the Obama DOJ brief (re: Gill et al. v. Office of Personnel Management et al.) will see fundie bedfellow filings, and lo and behold, the first out of the gate are from the National Organization for Marriage and the Family Research Council.

From the FRC brief:

FRC actively supported the Defense of Marriage Act, the constitutionality of which is the subject of this appeal. FRC, therefore, has a particular interest in the outcome of this case. Requiring the Government to recognize the validity of same-sex marriages would not promote any of the interests on the basis of which marriage is a protected social institution. And, for the reasons set forth herein, nothing in the Constitution, properly understood, compels such recognition.

…Contrary to the district court’s understanding, the issue is not whether denying federal recognition of same-sex marriages “promote[s] stability in heterosexual parenting,” but whether granting such recognition would promote 17 that interest. Clearly, it would not. Under the rational basis standard of review, that is sufficient to sustain the constitutionality of ? 3 of DOMA.

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