Californias marriage laws and the Federal Defense of Marriage Act are both constitutional, argued Liberty Counsel in a brief filed in federal court.
Liberty Counsel is representing Campaign for California Families, who was granted the right to intervene in the Smelt v. Orange County case in which a same-sex couple contends the laws violate their federal constitutional right to due process and equal protection.
Same-sex marriage would send the message that children do not need a father and a mother, according to the brief.
Mathew D. Staver, president and general counsel of Liberty Counsel, said, "There is a direct correlation between marriage and the security of our future society. Same-sex marriage would destroy marriage and hurt children."
The Court will hear arguments in the case on January 27, 2005.
Liberty Counsel is also defending Californias marriage laws in a consolidated case in San Francisco which is scheduled for opening arguments on Dec. 22.