Wyoming and nine other states will file a legal brief today saying a federal court “exceeded its judicial authority” when it ruled that the U.S. Constitution requires legal marriage to include same-sex couples. In the amicus brief, which will be filed late this afternoon in the case of Perry vs. Schwarzenegger, the states disagree with the court’s ruling that same-sex marriage is a fundamental right.
The brief also asserts that individual states, not the federal court system, have final say in decisions about whether to allow same-sex marriages.
In August, a federal district judge ruled in the case that California’s Proposition 8, a voter-passed ban on same-sex marriage, was illegal on federal constitutional grounds. All previous court cases on gay marriage cited state constitutions.
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