Amici Curiae Brief of Family Law Professors in Obergefell v. Hodges (U.S. 2014, Nos. 14-556, 14-562, 14-571 and 14-574)

64 Pages Posted: 26 Mar 2015

See all articles by Joan Heifetz Hollinger

Joan Heifetz Hollinger

University of California, Berkeley Law School

Courtney G. Joslin

University of California, Davis - School of Law

Date Written: March 6, 2015

Abstract

This amici curiae brief was filed in the Supreme Court in March 2015 on behalf of 74 scholars of family law in the four consolidated same-sex marriage cases on appeal from the 6th Circuit Court of Appeals.

The two questions presented in the cases concern whether the Fourteenth Amendment requires a state to license or recognize a marriage between two people of the same sex. Those defending the marriage bans rely on two primary arguments: first, that a core, defining element of marriage is the possibility of biological, unassisted procreation; and second, that the “optimal” setting for raising children is a home with their married, biological mothers and fathers. The brief demonstrates that these asserted rationales conflict with basic family laws and policies in every state, which tell a very different story.

Suggested Citation

Hollinger, Joan Heifetz and Joslin, Courtney G., Amici Curiae Brief of Family Law Professors in Obergefell v. Hodges (U.S. 2014, Nos. 14-556, 14-562, 14-571 and 14-574) (March 6, 2015). UC Berkeley Public Law Research Paper No. 2584725, Available at SSRN: https://ssrn.com/abstract=2584725 or http://dx.doi.org/10.2139/ssrn.2584725

Joan Heifetz Hollinger (Contact Author)

University of California, Berkeley Law School ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

Courtney G. Joslin

University of California, Davis - School of Law ( email )

400 Mrak Hall Drive
Davis, CA CA 95616
United States
(530) 752-8325 (Phone)

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