Administration Urges Supreme Court to End Gay Marriage Ban In California

While the government is not a party in the case pending before the Supreme Court of the United States that involves the constitutionality of Proposition 8 in California, the administration has stated that they will provide support for the broad claim of marriage equality. As a result of lobbying from both the counsel who filed the challenge and gay rights groups, the Obama Administration stated that it will file a brief on this issue in Hollingsworth v. Perry. It is expected to file the brief by Thursday.

The administration has yet to give its opinion on this broader issue. The administration has already filed its brief in Windsor v. United States, but that case presents a narrower issue. In Windsor, the court has been asked whether the federal government may discriminate against same-sex couples even if they are legally married in states where same-sex is allowed. In its Windsor brief, “the administration argues that the factors that led courts to require heightened scrutiny for laws concerning gender and illegitimacy should also require if for those addressing sexual orientation.”

See Adam Liptak, U.S. to Urge Justices to End California Gay Marriage Ban, New York Times, Feb. 28, 2013.