Family Research Council files friend brief with 10th Circuit Court, Utah’s marriage definition law

WASHINGTON D.C. – PRNewswire – Family Research Council has submitted an amicus brief in Kitchen v. Herbert, the case involving legal efforts to overturn Utah’s marriage amendment. The brief was written by Paul Linton, a highly regarded constitutional appellate attorney who submitted the brief on FRC’s behalf. Oral argument will take place before the U.S. Court of Appeals for the 10th Circuit in Denver, Colo., on April 10.

In the brief, Linton argues, among other things:

As in other cases asserting fundamental liberty interests, it is necessary to provide a ‘careful description’ of the fundamental liberty interest at stake. For purposes of substantive due process analysis, therefore, the issue here is not who may marry, but what marriage is. The principal defining characteristic of marriage, as it has been understood in our ‘history, legal traditions, and practices,’ is the union of a man and a woman. Properly framed, therefore, the issue before this Court is not whether there is a fundamental right to enter into a marriage with the person of one’s choice, but whether there is a right to enter into a same-sex marriage.

Of the brief and the case FRC President Tony Perkins said:

Male and female relationships are and will continue to be uniquely important to the future of society. The reality is that society needs children, and children need a mom and a dad. Government regulates marriage to encourage stability in the raising of children.

As this and other marriage cases are argued in the courts, Americans are learning that redefining marriage is about far more than the marriage altar; it is about fundamentally altering society. In the wake of same-sex marriage, religious liberty and parental rights have been eroded. Business owners, like florists, bakers and photographers have been hauled into court, fined and even put out of business for simply refusing to participate in a same-sex wedding. University professors, sportscasters and even members of the military have been demoted or fired for simply believing marriage is the union of one man and one woman. Families have been impacted as parents have lost the right to determine whose values are taught to their children. Freedoms are lost when marriage is redefined.

As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly continue to intensify.

Headline Correction 8:54 a.m. The FRC brief was filed with the 10th Circuit Court of Appeals not the Supreme Court.


Read the brief: Family Research Council Amicus Brief in Kitchen v Herbert

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  • Hunter February 8, 2014 at 8:46 am

    Might want to update the headline. The case is before the 10th Circuit Court of Appeals, not the Supreme Court.

    • Joyce Kuzmanic February 8, 2014 at 8:58 am

      Already did, Hunter – thank you.

  • Mike February 8, 2014 at 9:01 am

    The Utah defense being that marriage be “child centric” is specious and misleading. If they truly believe this then this means any man and woman who wish to marry but cannot, or wish to not, have children should not be allowed to marry as they are entering into an “adult centric” marriage which directly flies in the face of what the “state” read the LDS Church, is purporting in their brief.
    The above “friend brief” is also ridiculous as it opines that only the utopian ideal of the “nuclear family: man, woman, and child” is successful in raising children and the future of our society. With a divorce rate over 50% this is a pipe dream at best. You have divorcing couples using their children as weapons against one another and treating their children as pawns in divorce battles.
    With a population of over 7 billion I don’t think that we really need to concern ourselves with continuing to populate the Earth and add to the continuing burden on our limited natural resources. But hey, let’s all just breed and breed and breed until we are faced with the reality that the human race is pretty much just a parasite to this planet. I like kids, don’t get me wrong. I am being facetious on purpose to illustrate a point. We have single mothers who pump out kids like they are the alien queen on Aliens, like they are nothing more than drones and numbers on a sheet for welfare services to provide for. We have men who recklessly father children indiscriminately with women with no regard to their futures or intention of caring for or supporting them. We have parents (even one man one woman) who abuse their kids and each other. We have one man one woman families that abuse drugs and alcohol in front of their kids, and sometimes even include their kids. These are not “child centric” relationships. But they are protected by law and are fully embraced by religious organizations as “married in the eyes of God and man”.
    Tell me again how letting a couple of guys or gals getting married will be the descent of society as we know it. It seems to me that it has been descending for as long as man/woman marriages have existed. Gay people do not breed gay people, they are all issue from man/woman coupling. So if you want to point a finger at who’s to blame for all the gays and their apparently offensive desire to be treated equally, look no further than the closest mirror.

    • Bub February 8, 2014 at 12:24 pm

      Your over thinking it Mike. The word comes down from the Royalty of Utah (The leadership of LDS inc) that homosexual marriage is evil, and there is no argument to be had. The official stance of the LDS church is considered equal to the word of God. There is no thinking, questioning, or debating to be done, because the issue has been decided by God himself (according to Mormons). Dictating bedroom habits and money is all that matters to LDS inc.

  • Wayne February 8, 2014 at 10:04 am

    The “brief” deserves 5 snickers. When the Loving v Virginia case was before the Supreme Court, this “brief” would have argued that Blacks are not discriminated against, since Blacks were still free to marry Blacks and they have no fundamental right to marry Whites……

  • Bub February 8, 2014 at 11:03 am

    I don’t understand the fascination with homosexuals. While politicians are arguing about homosexuals, there are real issues not being dealt with.

  • Wayne February 8, 2014 at 12:21 pm

    Please….people of Utah…..continue to procreate and divorce, so that singles can adopt your throw-away kids and provide them a loving “optimal environment”…..

  • Moe Dickson February 8, 2014 at 4:20 pm

    Yes Bob Wayne Mike you are coerrect if it wasn’t for true moral value we would all name our kids Gemorrah and be proud of being from the town Sodom. Maybe you could adopt twins name them Sodom and Gemorrah. Oh by the way all inapropriate behavior is wrong ask all who couldn’t fit on Noah’s ark.

  • OMG February 8, 2014 at 9:01 pm

    Oh my god why are you guys always blaming everything on the Mormon church. The Mormon church and the state of Utah is not the one that says that a marriage is between a man and a woman it’s a God and a Bible thing. The Bible says that marriage is between a man or woman. So if you don’t believe the Bible blame it on the Bible not the Mormons. I am not Mormon but you can’t keep blaming everything on them. The last verse of the first chapter of Romans says that if you agree with the sin you are guilty of the sin. Wake up and get your heads out of the sand.

    • Bub February 8, 2014 at 9:29 pm

      In Utah it’s the Mormons

      In other states in may be more of the bible evangelist variety

      Just different shades of the same color. INTOLERANCE.


    • Dana February 9, 2014 at 7:25 am

      Maybe it’s because the Mormon church has spent more than 20 MILLION trying to fight SSM. And for what?
      Imagine if that money was used to feed the hungry….many of whom are church members. But no. The tired old men in the temple want to perpetuate hate and bigotry at any cost. This is what the church is teaching. You mormons own it. From your treatment of women to your treatment of minorities and non lds members.
      Yet, your history is not exactly spotless and squeaky clean. Your so called prophet founder was a pedophile with a twisted sexual history. Your church spawned many many pedophiles.
      Brigham Young “married” Clarissa Decker when she was only 15. Both pedophile church leaders “married” women who were already married to other men.This twisted life of early mormons continued through the years by calling it the “principle.” I call it BS.

  • Sgnative February 9, 2014 at 10:09 am

    What about the other 50% that stay married and raise good children to become the future? Come on people. Lets try for once to see the glass half full. There’s still hope.

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