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Liberty Counsel is asking the Supreme Court to dismiss United States v. Windsor because the plaintiff in that case lacks standing to bring the suit and because there is no constitutional right to same-sex marriage. To have standing, the individual suing must have an actual injury. For Ms. Windsor to have had standing, she needed to be considered a spouse in New York at the time she filed suit against DOMA, but in 2009, New York recognized only marriages between one man and one woman.
The United States Supreme Court has previously indicated in Baker v. Nelson that the U.S. Constitution does not grant a right for same-sex couples to marry. Common sense and a quick read of the Constitution say there is no such right to same-sex marriage.
California's Proposition 8 is a state constitutional amendment that defines marriage as the union of one man and one woman. Proposition 8 was upheld by the California Supreme Court in May 2009, but a separate suit in federal district court struck it down. After that ruling, the California Attorney General refused to appeal the case, and proponents of Prop 8 appealed it to the Supreme Court.
Staver commented, "America's very existence is at stake. Marriage is not simply an artifact of law to regulate Social Security benefits, but an institution of God to procreate and nurture perpetual generations." Staver continued, "The natural family is fundamental to our very existence. Thriving societies need healthy children who grow up into responsible citizens. Healthy children require committed parents who will sacrifice their own desires for the well-being of their children. This is all created within the context of natural marriage between one man and one woman," Staver concluded.
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.