Check The Constitution, High Court Told
A request is pending from members of Congress before the U.S. Supreme Court to review – and overturn – a decision from the 1st Circuit Court of Appeals that declared the Defense of Marriage Act unconstitutional.
It cites the “previously unknown standard of equal protection review” applied by the court and questions whether there is any conflict with the “equal protection component of the Due Process Clause of the Fifth Amendment.”
But now an amicus brief has been filed by attorneys represented a long list of interested parties that suggests the Supreme Court justices simply should return to the Constitution, read its words, and apply them to the case.
Those represented in the amicus brief say they are confident if that happens, the DOMA will be affirmed as constitutional.