Amicus Brief in Obergefell v. Hodges

Abstract

This Supreme Court amicus brief argues that denial to same-sex couples of the right to marry is sex discrimination.

If April DeBoer were a man, or James Obergefell a woman, or Valeria Tanco a man, or Greg Bourke a woman, then state law would readily give them the relief they seek. But because the state laws challenged in these cases provide that only a man can marry a woman and only a woman can marry a man – or that existing marriages will be denied recognition if they do not fi t this description – April and James and Valeria and Greg are being discriminated against on the basis of their sex. Such gender-based classifications constitute sex discrimination. Accordingly, they must be subjected to intermediate scrutiny.

Keywords: same-sex marriage, sex discrimination, gay rights

JEL Classification: K10, K30