The Supreme Court announced that it will review the constitutionality of the Defense of Marriage Act and Prop 8

The Supreme Court's Challenge:

Restore Marriage Decisions to Citizens

Ryan T. Anderson and Jennifer Marshall

The Supreme Court announced today that it will hear cases 

dealing with the definition of marriage during its current term.

The Court will consider challenges to the Defense of Marriage Act, passed by an overwhelming bipartisan majority in Congress and signed by President Clinton, and Proposition 8, California's constitutional amendment to define marriage as the union of one man and one woman.

After lower courts ruled against these marriage laws, the Supreme Court now has the opportunity to return authority to citizens in answering questions about marriage policy.

Every marriage policy draws lines, leaving out some types of relationships. But equality forbids arbitrary line-drawing. Determining which lines are arbitrary requires us to answer two questions:

1. What is marriage?
2. Why does it matter for policy?

There are many good reasons why citizens in 41 states have said over and over that marriage is between a man and a woman. Marriage exists to bring a man and a woman together as husband and wife to be father and mother to any children their union produces. And as ample social science has shown, children tend to do best when reared by their mother and father.

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Read more: blog.heritage.org