Foundation files two briefs with US Supreme Court; Defends Marriage
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On January 29, 2013, the Foundation for Moral Law filed two briefs in the United States Supreme Court which soughtto protect traditional marriage. The Foundation’s Constitutional Scholar, Colonel John Eidsmoe, J.D., D.Min., was the primary author of the briefs filed in the cases of Dennis Hollingsworth v. Kristin Perry (case no. 12-144) and United States of America v. Edith Schlain Windsor (case no. 12-307).
In Hollingsworth, the Foundation argued that California’s Proposition 8, which made gay marriage unconstitutional in that state, was itself a constitutional way to define marriage. FML also argued that same sex-marriage is not a right but that marriage is a government recognition of a divinely established institution. Eidsmoe wrote in part “the Constitution is utterly silent about same-sex marriage. To read into the Constitution a protection of same-sex marriage, is to commit the very folly that President Washington warned against: changing the Constitution by usurpation.” You can read the Foundation’s brief here.
Windsor is a case which challenges the constitutionality of the Defense of Marriage Act. The Foundation argued that DOMA is allowed under a plain reading of the Constitution. The Foundation told the Court they should follow the Constitution, plain and simple. “The Second Circuit says the nonexistent equal protection clause of the Fifth Amendment requires the federal government to recognize same-sex marriages, even though the Supreme Court has never said the actual Equal Protection Clause of the Fourteenth Amendment requires that the states recognize same-sex marriages. How can it be, that the non-existent equal protection clause of the Fifth Amendment is stronger than the actual Equal Protection Clause of the Fourteenth? This anomaly demonstrates the danger and folly of allowing the federal judiciary to depart from the plain language of the Constitution and the intent of its Framers, and to wander aimlessly in the trackless fields of their own imaginations.” You can read the entire filing here.
The Foundation for Moral Law is committed to protecting the Constitution on every judicial level. Your support of the Foundation makes our invovlement in cases like these possible.