Department of Justice Tells Supreme Court to Strike Defense of Marriage Act

michiexile / Foter.com / CC BY-NC-SA

The U.S. Department of Justice filed a brief with the U.S. Supreme Court arguing that a federal law defining marriage as a union between one man and one woman is 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 that the law is unconstitutional under “heightened constitutional scrutiny,” essentially equating homosexuality to race in terms of constitutional protection.

CitizenLink Judicial Analyst Bruce Hausknecht said, “If the Supreme Court finds that homosexuality is entitled to ‘heightened constitutional scrutiny,’ it could mean bad news for all marriage or family laws that define or promote one man, one woman marriage, or laws supporting the notion that children are entitled to a mom and a dad.”