The brief explains that the constitutional principle of religious freedom supports the right of same-sex couples to marry. Because there are no legitimate secular reasons for the State to deny gay couples the profound, state-sanctioned rituals of marriage, the State’s licensing of heterosexual unions only offends the core mandate of religious neutrality.
The brief examines the serious harms of rules that discriminate against lesbians and gay men as a class, including the law limiting marriage to heterosexual couples only. Based on the most important equal protection principles in law, it explains why such rules require the most demanding constitutional review.
The brief addresses the growing number of other countries that have legalized marriage for same-sex couples, and explains why marriage is recognized as a fundamental human right under the constitutions of numerous countries with which we share common legal traditions.