The amicus brief sent Friday to the 9th Circuit U.S. Court of Appeals said that the Constitution does not require marriage to include same-sex couples. The 39-page brief also said that states, not federal courts, have final say in whether to allow same-sex marriages.
A federal judge ruled last month that California’s Proposition 8, a voter-passed ban on same-sex marriage, was unconstitutional. Judge Vaughn Walker ruled there was no legitimate state interest in preventing same-sex marriages and that “moral disapproval” alone wasn’t sufficient reason to justify banning it.
The case is being appealed.
Other states that joined the brief against gay marriage are Alabama, Florida, Indiana, Louisiana, Michigan, South Carolina and Virginia, according to the Casper Star-Tribune. The states argue that same-sex marriage is not a fundamental right.