First Circuit Ruling Makes US Supreme Court Ruling on Definition of Marriage Likely



Contact: Anath Hartmann or Elizabeth Ray (703-683-5004)

"Liberal judges on the federal courts are resorting to making up legal standards to redefine marriage. The Supreme Court is going to need to resolve this issue once and for all." —Brian Brown, NOM president—

National Organization for Marriage

Washington, D.C. — The National Organization for Marriage (NOM) today sharply criticized a federal appeals court ruling finding that the Defense of Marriage Act (DOMA) is unconstitutional, accusing the justices of 'making up' arguments to justify redefining marriage. NOM said the ruling makes it highly likely that the US Supreme Court will step in to determine whether there is a rational basis for defining marriage as the union of one man and one woman.

"Liberal federal judges in Massachusetts and California have resorted to making up legal standards in order to justify redefining marriage," said Brian Brown, NOM's president. "They realize the legal precedent doesn't allow them to redefine marriage, so they are making up new standards to justify imposing their values on the rest of the nation. It is clear that the US Supreme Court is going to have to resolve this issue once and for all."

In the Massachusetts challenge to DOMA, the First District Court of Appeals acknowledged that DOMA would survive constitutional challenge if they applied the traditional "rational basis" test to the claims. They also acknowledged that they lacked the legal authority to declare sexual orientation to be a "suspect class" and thus impose a heightened standard of scrutiny to a review of DOMA. Instead, they relied on cases totally unrelated to marriage and found they could impose "intensified scrutiny" on DOMA and require that the law be justified "with special clarity."

"It's obvious that the federal courts on both coasts are intent on imposing their liberal, elitist views of marriage on the American people," said Brown. "They dismiss the centuries-old understanding of marriage as a critical social institution that exists for the benefit of couples and their children, and which has served society well for thousands of years. Instead, they want their own politically-correct views to be imposed, and they are making up new law to do so. It's time for the US Supreme Court to step in and establish once and for all that preserving marriage as the union of one man and one woman is not only completely constitutional, it is profoundly in the public good."


To schedule an interview with Brian Brown, President of the National Organization for Marriage, please contact Elizabeth Ray (x130), [email protected], or Anath Hartmann, [email protected], at 703-683-5004.

Paid for by The National Organization for Marriage, Brian Brown, president. 2029 K Street NW, Suite 300 Washington, DC 20006, not authorized by any candidate or candidate's committee. New § 68A.405(1)(f) & (h).