Amicus Brief in Obergefell v. Hodges
- Author(s): Andrew Koppelman, Ilya Somin
- Date Posted: 2015
- Law & Economics #: 15-10
- Availability: Full text (most recent) on SSRN
This Supreme Court amicus brief argues that denial to same-sex couples of the right to marry is sex discrimination.
If April DeBoer were a man, or James Obergefell a woman, or Valeria Tanco a man, or Greg Bourke a woman, then state law would readily give them the relief they seek. But because the state laws challenged in these cases provide that only a man can marry a woman and only a woman can marry a man – or that existing marriages will be denied recognition if they do not fi t this description – April and James and Valeria and Greg are being discriminated against on the basis of their sex. Such gender-based classifications constitute sex discrimination. Accordingly, they must be subjected to intermediate scrutiny.