Ten Republican senators are urging the
Supreme Court to uphold the Defense of Marriage Act (DOMA).
The high court will hear a case in
March challenging the constitutionality of DOMA, which prevents
federal agencies from recognizing the legal marriages of gay and
lesbian couples.
The GOP senators argue in an amicus
brief filed last week that it would be “irrational” to overturn
the law.
“Furthermore, with respect to DOMA in
particular, there is no basis to equate support for the traditional
definition of marriage with unconstitutional animus or 'a bare
congressional desire to harm a politically unpopular group,'” the
senators wrote. “As Justice O'Connor noted in her concurrence
in Lawrence v. Texas, 'other reasons exist to promote the
institution of marriage beyond mere moral disapproval of an excluded
group.'”
“It is simply not irrational or
bigoted to oppose the redefinition of marriage in a manner 'unknown
to history and tradition,' to use the language of the court below. …
To the contrary, when faced with a proposed fundamental redefinition
of the institution of marriage, it would be irrational not to
consider 'American society's historical view of a marriage as being
between a man and a woman.'” (Citation omitted.)
The brief is signed by Senate minority
leader Mitch McConnell of Kentucky, Orrin Hatch of Utah, Lindsey
Graham of South Carolina, Saxby Chambliss of Georgia, Dan Coats of
Indiana, Mike Crapo of Idaho, Charles Grassley of Iowa, Richard
Shelby of Alabama, and Thad Cochran and Roger Wicker, both of
Mississippi.