15 States File Legal Brief in Support of Defense of Marriage Act - DOMA

By: Curtis Ophoven 0 Comments   8/30/2012

The Federal Defense of Marriage Act (DOMA) was passed by broad bipartisan majorities and signed into law by President Clinton in 1996.

DOMA defines marriage as between one man and one woman for the purposes of federal law and ensures that states do not have to recognize same-sex marriages entered into in states that have redefined the institution.

The Obama Administration has completely abandoned its legal responsibility to defense DOMA. By doing so, the House of Representatives was forced to step in and provide a legal defense of DOMA from numerous cases challenging the statute.

First Circuit Court of Appeals

Then a few months ago the First Circuit Court of Appeals panel ruled against the key section of DOMA dealing with the federal marriage definition, on the merit that the federal government cannot differentiates between marriage and other relationships on the basis of their capacity for procreation.

If this ruling by the First Circuit Court of Appeals were to stand it could threaten other marriage laws in every state.

The government has always had a vital interest in linking parents to their children for the welfare of the next generation. That vital interest does not exist with same-sex couples who cannot produce children.  Therefore, the reason for marriage is intrinsically linked to parents and their biologically children, in which same-sex couples have no connection too.

One state has already rejected the First Circuit Court of Appeals, the federal district court in Hawaii has declined to adopt the First Circuit panel’s reasoning and upheld that state’s definition of marriage as one man and one woman.  Other states are likely to follow.

In response to the First Circuit Court of Appeals, 15 states have files a combined legal brief with the Supreme Court arguing the irrational of the First Circuit Court. 

The U.S. Supreme Court may not take up this case, but it seems more and more likely that within the next 12-24 months they will has to rule on a case regarding the redefinition of marriage.


Obama has already made the audacious claim that the constitution somehow does not support restricting marriage to its natural form of one man and one woman.  This claim is so irrational, I don’t even see how someone can make it without realizing that it has no truth in it.

The idea that traditional marriage is unconstitutional is to say that the signers of the Constitution were somehow thinking that the idea of marriage can be whatever you want it to be and it should be protected by the federal government is completely ridiculous.

First of all, something like 22 of the 55 signers of the Constitution were active ministers and they never in the wildest dreams thought that the government should protect unnatural rights.  And second, the reason they came up with for all human rights were that they are given by God and because of this reason, no government should create any law against them.

Put another way, traditional marriage is natural law in which no government should create any law against.  In other words, redefining marriage in any way is Unconstitutional. To say that DOMA is Unconstitutional is to say that defending marriage is Unconstitutional, when just the opposite is true.

Any attempt to redefine marriage is Unconstitutional.  This is what the lawyers should be pointing out.

Value of Marriage

Upholding the natural definition of marriage is beneficial for everyone, event same-sex relationships and here is why.

The very reason for marriage is intrinsically linked to the parents and children of the next generation as explained above. But if marriage was to be redefined without this essential meaning, then the value of marriage falls apart and society drifts away from getting married at all. 

Parts of Europe are a perfect example.  The rate of marriage is declining rapidly in nations that have reduced marriage to be only about the desires of adults.  The rate of marriage is declining because adults can have all the same benefits of marriage by just living together. When marriage loses its value it becomes nothing but an idea or a symbol of your relationship. 

Marriage becomes nothing more than the status of your Facebook relationship profile. When marriage has no value, people stop forming natural families and children no longer grow up with their father and mother as intended by the natural definition of marriage. 

Things go from bad to worse, as the first generation grows up fatherless and the second generation grows up family-less.  As the family falls apart, children grow up with many disadvantages and a majority of them end up in poverty with poor educations.

The poor educations result in a major drop in economic development and the nation ends up trapped in an endless state of recession and economic collapse

This is why defending marriage is not just something nice to do or something to defend from a religious point of view.  It is critical to the foundation of society. 

This is why everyone in MN should vote 'YES' for the MN Marriage Amendment in November.


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