Ten states have signed onto an amicus brief opposing same-sex marriage. Alabama, Florida, Idaho Indiana, Louisiana, Michigan, South Carolina, Utah, Virginia, and Wyoming have filed the brief with the 9th Circuit Federal Court of Appeals in support of Prop 8—California’s state amendment defining marriage as being between one man and one woman.
Judge Vaughn Walker ruled in August that California’s marriage Amendment (Proposition 8), a 2008 initiative supported by 7 million California voters (52%), was unconstitutional. Walker ruled that there was no legitimate state interest in prohibiting same-sex marriages, that there is no difference in the contributions that male and females make to the rearing of children, that gender is irrelevant and that to believe otherwise is discriminatory. This case and Walker’s ruling are being appealed.
The 39-page brief argues that same-sex marriage is not a fundamental right. The brief states: “The district court’s open-ended redefinition of marriage has no legal basis and no principled limits.” “If public affirmation of anyone and everyone’s personal love and commitment is the single purpose of marriage, a limitless number of rights claims could be set up that evacuate the term marriage of any meaning.”
All of the states, with the exception of Wyoming and Indiana, already have state constitutional amendments defining marriage. Wyoming and Indiana do have statutes that define marriage, but as of yet, do not have state constitutional amendments. Each of these states stands to see their marriage laws over-ruled if Walker’s ruling is not overturned. Both sides, however, expect this case to go to the U.S. Supreme Court.
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