States File Their Briefs To SCOTUS
In Michigan, where a same-sex couple wishes to marry and has sued the state, the state filed its brief with the Supreme Court on Friday afternoon, arguing that the Constitution does not require that states allow same-sex couples to marry. “This case is not about the best definition of marriage or any stereotypes about families. Families come in all types, and parents of all types—married or single, gay or straight—love their children,” lawyers for the state write. “This case is about whether the Fourteenth Amendment imposes a single marriage view on all states such that the people have no right to decide. It does not.”Here are all four briefs: Michigan, Kentucky, Tennessee, Ohio. Dig in and excerpt the parts that jump out at you.
Former Michigan Solicitor General John Bursch has been brought back on board as the counsel of record for the state and will be arguing before the justices in defense of such bans for Michigan and Kentucky on April 28. Tennessee Associate Solicitor General Joseph Whalen will be arguing in defense of recognition bans for Tennessee, Kentucky, and Ohio. In Ohio, where the state’s law and amendment banning recognition of same-sex couples’ marriages granted elsewhere are being challenged, Attorney General Mike DeWine’s office filed a brief arguing that the marriage issue is best left to the “democratic process” — an argument that formed a significant portion of the appeals court decision upholding the four states’ bans.