According to an administration official, the Obama administration is expected to throw its support for marriage equality, urging the Supreme Court to rule that voters in California were not entitled to ban gay marriage.
The Associated Press reports:
The Obama administration on Thursday is widely expected to urge the Supreme Court to strike down California’s ban on gay marriage, a case that could have sweeping implications for the right of same-sex couples to wed.
The administration’s friend-of-the-court brief would not be legally binding but could have some measure of influence on the court when it considers the constitutionality of the Proposition 8 measure in March. The brief would also offer clearer insight into President Barack Obama’s evolving views on gay marriage. Obama supports same-sex unions but has said marriage should be governed by states.
Thursday is the deadline for the administration and other parties to file friend-of-the-court briefs.
Gay rights advocates have pressed the president to urge the court not only to strike down Proposition 8, but also to rule that the Constitution forbids any state from banning same-sex unions. The administration may also choose a narrower option, including asking the court to strike down only California’s ban.
Another option would be for the administration to ask the court to rule that California and other states that allow unions carrying all of the benefits of marriage cannot take that right away. Seven other states allow gay couples to join in civil unions that have full marriage benefits.
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