Urging the Court to uphold DOMA, the USCCB brief in United States vs. Webster says that "there is no fundamental right to marry a person of the same sex." The brief also states that "as defined by courts 'sexual orientation' is not a classification that should trigger heightened scrutiny," such as race or ethnicity would.
The bishops argued that previous Supreme Court decisions "describing marriage as a fundamental right plainly contemplate the union of one man and one woman."
In a separate brief filed in Hollingsworth v Perry urging the Court to uphold Proposition 8, the USCCB states that there are many reasons why the state may reasonably support and encourage marriage, understood as the union of one man and one woman, as distinguished from other relationships. Government support for marriage, so understood, is "recognizing the unique capacity of opposite-sex couples to procreate" and "the unique value to children of being raised by their mother and father together."
The USCCB brief states that "[T]he People of California could reasonably conclude that a home with a mother and a father is the optimal environment for raising children, an ideal that Proposition 8 encourages and promotes. Given 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."
The bishops add that "While this Court has held that laws forbidding private, consensual, homosexual conduct between adults lack a rational basis, it does not follow that the government has a constitutional duty to encourage or endorse such conduct. . . "
The brief goes on to say that marriage, which is understood as the union of one man and one woman "is not an historical relic, but a vital and foundational institution of civil society today."
The bishops' brief also notes that "Proposition 8 is not rendered invalid because some of its supporters were informed by religious or moral considerations. Many, if not most, of the significant social and political movements in our Nation's history were based on precisely such considerations. Moreover, the argument to redefine marriage to include the union of persons of the same sex is similarly based on a combination of religious and moral considerations (albeit ones that are, in our view, flawed). As is well established in this Court's precedent, the coincidence of law and morality, or law and religious teaching, does not detract from the rationality of a law."
USCCB notes that a judicial decision invalidating Proposition 8's definition of marriage would have adverse consequences in other areas of law.
"[R]edefining marriage—particularly as a matter of constitutional law, rather than legislative process—not only threatens principles of federalism and separation of powers, but would have a widespread adverse impact on other constitutional rights, such as the freedoms of religion, conscience, speech, and association. Affirmance of the judgment below would create an engine of conflict in this area, embroiling this Court and lower courts in a series of otherwise avoidable disputes—pitting constitutional right squarely against constitutional right—for years to come."
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