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Republican officials and religious organizations dominate a growing list of more than 60 groups urging the Supreme Court to uphold state bans against same-sex marriage.
The flood of “friend of the court” briefs arriving at the court by last week’s deadline easily made the upcoming case the most heavily lobbied in the court’s recent history. Earlier this month, more than 70 briefs were filed by proponents of gay marriage, including one signed by more than 200,000 people.
Sixteen states led by Republican governors were among those calling for the bans in Michigan, Ohio, Kentucky and Tennessee to be upheld. Among them were nine states where same-sex marriage bans have been struck down by federal courts — an indication that the battle there and elsewhere will be renewed if the justices uphold the bans.
States opposing gay marriage include Alabama, Alaska, Arizona, Idaho, Kansas, Montana, Oklahoma, Utah and West Virginia, where federal appeals court rulings have struck down state bans. The Supreme Court refused to reconsider most of those decisions last October.
Last month, 18 states submitted briefs opposing bans on same-sex marriage, including some with Republican governors. The major one was written by officials from Massachusetts, the first state to legalize gay marriage, and included California, New York, Illinois and Pennsylvania.
The flood of legal briefs from both sides is indicative of what’s at stake in the debate. Unlike 2013, when the court ruled 5-4 that the federal government must grant benefits to legally married gays and lesbians, the justices likely will decide this June on same-sex marriage rights nationwide. The case will be heard April 28.
Fifty-seven Republican members of Congress called on the court to use restraint in this “unchartered area” and let states act as laboratories. “The relative novelty of same-sex marriage weighs against the mandatory redefinition of marriage,” they argued.
Only six senators, including Majority Leader Mitch McConnell of Kentucky and presidential candidate Ted Cruz of Texas, signed the brief, along with 51 members of the more conservative House. Missing were House Speaker John Boehner and other White House hopefuls, including Sens. Rand Paul and Marco Rubio.
Continued - Republicans, Religious Groups Urge Supreme Court to Uphold Gay Marriage Bans