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
Date Written: March 6, 2015
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.
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