Prop. 8 proponents file Supreme Court brief supporting same-sex marriage ban

Posted by Justin Snow
January 22, 2013 5:47 PM |

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Supporters of California's ban on same-sex marriage filed their opening brief with the Supreme Court justices today, marking the start of what will be one of the most high-profile Supreme Court cases in recent history.

In the 65-page brief, proponents of Proposition 8 argue that the high court should "allow the public debate regarding marriage to continue through the democratic process."

"[T]here is no warrant in precedent or precept for invalidating marriage as it has existed in California for virtually all of its history, as it was universally understood throughout this Nation (and the world) until just the last decade," the brief reads in part.

Additionally, proponents of the 2008 constitutional amendment, which banned same-sex marriage in California after already granting that right to same-sex couples, argue that the case is unlike a 2003 Supreme Court decision striking down anti-sodomy laws and the 1967 ruling against restrictions on interracial marriage.

The defendants in Hollingsworth v. Perry go on to argue that marriage is "inextricably linked to the objective biological fact that opposite-sex couples, and only such couples, are capable of creating new life together and, therefore, are capable of furthering, or threatening, society’s existential interests in responsible procreation and childrearing."

Opponents of Proposition 8 are expected to issue their brief before arguments in the case begin on March 26. The brief comes the same day the White House reiterated that they do not have a position on the case.

READ the full brief here (courtesy of SCOTUSblog):

Proposition 8 Brief of Petitioners


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