The U.S. Conference of Catholic Bishops
(USCCB) has filed briefs in two Supreme Court cases related to gay
In both cases, the USCCB called on
justices to rule against marriage equality.
In United States v. Windsor,
which challenges the constitutionality of the Defense of Marriage Act
lawyers argued that “there is no fundamental right to marry a
person of the same sex.” The brief also argues that being gay is
not an orientation but merely conduct.
contrast to the classes for which this Court has applied heightened
scrutiny, what lower courts have understood to be a homosexual
'orientation' is not a trait
attributable from conception or birth. Rather, particularly as
framed by Respondents here, it involves a species of conduct.”
Hollingsworth v. Perry,
which challenges the constitutionality of Proposition 8, California's
gay marriage ban, the USCCB urged the court to uphold the 2008
voter-approved constitutional amendment.
both the unique capacity for reproduction and unique value of homes
with a mother and father, it is reasonable for a State to treat the
union of one man and one woman as having a public value that is
absent from other intimate interpersonal relationships.”
brief added that “redefining marriage … would have widespread
adverse impact on other constitutional rights, such as the freedoms
of religion, conscience, speech and association.”
Supreme Court will hear oral arguments in March and hand down a
decision in June.
Salvatore Cordileone: Gay marriage is not about equality under the