|Take Action: DOJ Says One Man, One Woman Marriage is Unconstitutional |
by Bethany Monk: The U.S. Department of Justice (DOJ) filed a brief with the U.S. Supreme Court Friday arguing that a federal law defining marriage as a union between one man and one woman [DOMA] is one man and one woman is unconstitutional unconstitutional because it discriminates against homosexuals.
The DOJ is seeking to strike down the law that defines marriage for all federal purposes.
The department argues in the brief that the law is unconstitutional under “heightened constitutional scrutiny.” In other words, the DOJ is asserting that sexual orientation should be treated as a suspect classification, like race or sex. The usual test for laws not involving suspect classifications is the “rational basis” test, which is a much lower threshold for laws to meet. Marriage laws have uniformly been tested under a “rational basis” review in the past. Read More
Tags: United States, Department of Justice, DOJ, US. Supreme Court, DOMA, unconstitutional, marriage definition, man and a woman To share or post to your site, click on "Post Link". Please mention / link to the Greater Fitchburg For Life. Thanks!