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Friday, April 3, 2015
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Republican Party Leaders Urge U.S. Supreme Court to Protect Traditional Marriage, Free Society

Yesterday, leaders of the 2012 Republican National Convention Committee on the Platform and the Republican Conservative Steering Committee filed an amicus brief with the United States Supreme Court urging the Court to consider the societal benefits of traditional marriage as it considers whether to uphold Ohio, Michigan, Tennessee, and Kentucky laws protecting such marriage. The Brief argues that the states have an important interest in protecting and promoting traditional marriage and family as the foundation of a free society.

“The Republican Party has sought to protect and promote traditional marriage and family as the foundation of a free society, since the success of traditional families minimizes the need for government programs and intervention and because traditional families form a bulwark against the growth of government and its excesses. As a result, many states have protected and promoted traditional marriage in pursuit of this important government interest, often with bipartisan support, and their laws that do so are thereby constitutional,” explains attorney James Bopp, Jr., an amicus and lead counsel for all amici.

The friends-of-the-Court are members of the leadership of the 2012 Republican National Convention Committee on the Platform: Co-Chairman of the Committee Congresswoman Marsha Blackburn (R-TN), and Co-Chairmen of the Subcommittees with jurisdiction over marriage and family James Bopp, Jr. (Subcommittee on We the People: A Restoration of Constitutional Government) and Carolyn McLarty (Subcommittee on Renewing American Values to Build Healthy Families, Great Schools and Safe Neighborhoods).

In addition, the Conservative Steering Committee, an independent organization of current members of the Republican National Committee, is also an amicus. The Steering Committee is currently made up of a majority of the members of the RNC and they voted to approve submission of the Brief.

The Brief explains that, since its inception, the Republican Party has been the champion of equality, individual freedom and limited government and, as a result, of the family. Since 1856 and throughout its history, as demonstrated in its Party’s Platform and Resolutions, the Republican Party has sought to strengthen traditional marriage and family, by protecting it against various threats that have arisen that would undermine the traditional marriage and family, including polygamy, death of fathers (in every war or conflict since the Civil War), loss of citizenship for American women marrying immigrant men, welfare programs that erodes and discourages family formation and continuation, nationalized compulsory health insurance, abortion, the marriage tax, pornography, and divorce.

Furthermore, the Republican Party has supported efforts to strengthen traditional marriage and family, such as by supporting equal pay for workers regardless of sex, protecting America’s farming families, supporting housing for low-income families, supporting adoption, parental authority and responsibility, protecting the family’s economic liberty and moral rights, increasing child tax credits, and promoting family planning through abstinence.

Finally, the history of the Republican Party demonstrates that support for traditional marriage and family has had nothing to do with animus toward any group, but because of the demonstrated fact that traditional marriage and family is a positive good for a free society in many ways and is central to its creation and maintenance.

“The Republican Party has always stood for equality, individual freedom, and limited government, and traditional marriage and family helps ensure that,” says attorney and amicus Bopp. “The Party’s motivation for its pro-family policies has never been about ill will towards any American and, historically, has had nothing whatsoever to do with same-sex marriage. It is quite the opposite: every American deserves the opportunity at the very best chance of success in this country, without government dependency or intrusion, and traditional marriage helps accomplish that.” Mr. Bopp continues, “State governments have a compelling reason to protect traditional marriage and family as the foundation of a free society.”

A copy of the brief is available at Republican Amicus Brief Opposing Same-Sex Marriage.

James Bopp, Jr. has a national constitutional law practice with The Bopp Law Firm, PC,