Catherine Smith: Same sex marriage bans unconstitutionally harm children

March 09, 2015

Supreme Court precedent “unequivocally establish[es] that states may not punish children based on matters beyond their control.” And “state marriage bans inevitably and necessarily perform exactly this impermissible function because they deprive children of same-sex couples legal, economic and social benefits associated with the institution of marriage.”

So writes Denver Law’s Catherine Smith, who along with co-authors Lauren Fontana (Denver Law) Susannah Pollvogt (Washburn University School of Law) and Tanya Washington (Georgia State University College of Law) filed an Amicus Curiae brief in the U.S. Supreme Court supporting petitioners in the marriage equality cases consolidated as Obergefell v. Hodges. Oral arguments will be heard by the Court on April 28, 2015.

Click here to read the entire brief.