SALON

Thursday, Feb 28, 2013 5:22 PM UTC

Obama has until midnight Thursday to weigh in on Prop 8

The White House has a deadline to file a Supreme Court brief opposing California's gay marriage ban

By

Topics: Barack Obama, Supreme Court, From the Wires, Gay Marriage, Proposition 8,

Obama has until midnight Thursday to weigh in on Prop 8(Credit: AP)

WASHINGTON (AP) — The next phase of President Barack Obama’s evolution on gay marriage may come with the deadline for his administration to weigh in on a landmark Supreme Court case that could determine whether same-sex couples have a constitutional right to wed.

Gay rights supporters are pressing the administration to file a friend-of-the-court brief urging the justices to overturn California’s gay marriage ban. Obama is not required to file a brief, though he raised expectations in his second inaugural address when he declared that gays and lesbians must be “treated like anyone else under the law.”

An administration brief would not be legally binding. But it could offer the clearest insight into Obama’s views on gay marriage, which he supports but has said should be governed by the states.

Ahead of Thursday’s deadline, dozens of prominent Republicans signed a friend of the court brief asking the justices to declare California’s Proposition 8 ballot measure unconstitutional. Among them are former GOP presidential candidate Jon Huntsman and Florida Rep. Ileana Ros-Lehtinen.

The Proposition 8 ballot initiative was approved by California voters in 2008 in response to a state Supreme Court decision that had allowed gay marriage. Twenty-nine other states have constitutional amendments banning gay marriage, while nine states and the District of Columbia recognize same-sex marriage.

Gay rights advocates are anticipating the administration filing a broad brief, one that would ask the justices to not only strike down the California measure, but also rule that the Constitution forbids any state from banning same-sex unions. But the administration could also file a narrower brief applying only to California.

Even the latter brief would appear to mark a shift away from the president’s contention that states have the right to determine whether to allow same-sex marriages.

While an administration brief alone is unlikely to sway the high court, the government’s opinion does carry weight with the justices.

Solicitor General Donald Verrilli would formally file a brief, though he has been consulting with White House officials. And it’s almost certain that Obama, a former constitutional law professor, made the administration’s final decision.

In his inaugural address, the president said the nation’s journey “is not complete until our gay brothers and sisters are treated like anyone else under the law.”

“For if we are truly created equal, than surely the love we commit to one another must be equal as well,” he said.

Obama has a complicated history on gay marriage. As a presidential candidate in 2008, he opposed the California ban but didn’t endorse gay marriage. As he ran for re-election last year, he announced his personal support for same-sex marriage but said marriage was an issue that should be decided by the states, not the federal government.

Public opinion has shifted in support of gay marriage in recent years. In May 2008, Gallup found that 56 percent of Americans felt same-sex marriages should not be recognized by the law as valid. By November 2012, 53 percent felt they should be legally recognized.

The Supreme Court will hear oral arguments in the Proposition 8 case on March 26. One day later, the justices will hear arguments on another gay marriage case, this one involving provisions of the federal Defense of Marriage Act. The act defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.

The Obama administration abandoned its defense of the law in 2011 but continues to enforce it. In a brief filed last week, the government said Section 3 of DOMA “violates the fundamental constitutional guarantee of equal protection” because it denies legally married same-sex couples many federal benefits that are available only to legally married heterosexual couples.

More Julie Pace.

Next Article

Related Stories

More Related Stories

Featured Slide Shows

The week in 10 pics

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11
  • Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
    Credit: AP/LM Otero

  • Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
    Credit: AP/Matt Rourke

  • A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
    Credit: AP/Jenny Aicher

  • Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
    Credit: AP/Molly Riley

  • Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
    Credit: AP/J. Scott Applewhite

  • Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
    Credit: AP/Carolyn Kaster

  • O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
    Credit: AP/Las Vegas Review-Journal/Jeff Scheid

  • Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
    Credit: AP/NASA/Chris Hadfield

  • When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
    Credit: AP/Jacquelyn Martin

  • A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
    Credit: AP/The Duluth News-Tribune/Clint Austin

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11

Related Videos

Comments

 0 Comments

Comment Preview

Your name will appear as username

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

follow salon

Most Read

Popular on Reddit

links from salon.com

From Around the Web

Presented by Scribol
listener_new_rect The Listener: So long, Sookie Stackhouse

Recommendations