BOSTON, MA -- Today, the Thomas More Society filed a "friend of the court" brief in the First Circuit U.S. Court of Appeals in Boston on behalf of the D.C.-based Family Research Council.
The brief was filed in support of the government's appeal from a federal trial court last year that the Defense of Marriage Act (DOMA), enacted during the Clinton Administration, must now be struck down as unconstitutional. The brief argues against the claim, adopted by the lower court, that the 14th Amendment requires that same-sex marriage benefits be provided for federal employees.
The brief, authored by Thomas More Society's special counsel Paul Linton, argues two points in defense of the constitutionality of DOMA:
1) There is no Federal Constitutional Right to enter into a same-sex marriages.
2) US law reasonably reserves marriage and its benefits to opposite sex couples so as to promote both responsible procreation of children and the raising of those children by their biologically-related mother and father.
"Why should Americans be forced to encourage, as well as support with their tax dollars, same-sex relationships, which obviously -- and by their very nature -- cannot produce children or provide both the mothers and fathers that evidence proves beyond peradventure that children need to fully develop and flourish?" asked Tom Brejcha, president and chief counsel for the Thomas More Society in Chicago.
DOMA was originally passed during the Clinton years for two purposes. First, it makes clear that no state shall be required to recognize other states' laws on same-sex marriage. Second, it establishes that, for purposes of federal law, only marriages between a man and a woman will be recognized as legally valid. If the federal appellate court in Boston is persuaded to embrace the position of the Family Research Council, as advocated by the Thomas More Society, then DOMA will be upheld and same-sex marriages will be denied legal recognition as marriages deserving of federal benefits or interstate recognition under the Full Faith & Credit clause of the federal constitution.