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Obama administration files brief opposing Prop. 8
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| Contributor | Homegrown Democrat |
| Last Edited | Homegrown Democrat Feb 28, 2013 06:33pm |
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| Category | General |
| News Date | Friday, March 1, 2013 12:00:00 AM UTC0:0 |
| Description | The Obama administration on Thursday declared that gay marriage can be a right that deserves constitutional protection, supercharging a Supreme Court battle that started with California voters and is now shooting for the history books.
Shedding its earlier caution, the administration forcefully asserted in a key legal brief that the Constitution's equal-protection guarantees extend to same-sex couples seeking a California marriage license. The declaration was both voluntary, because the administration wasn't required to take a position on the state's Proposition 8, and emphatic.
"Proposition 8, by depriving same-sex couples of the right to marry, denies them the dignity, respect and stature accorded similarly situated opposite-sex couples under state law," Solicitor General Donald Verrilli Jr. wrote.
Subtly, though, the administration indicates that the Supreme Court can focus on the "particular circumstances" found in California and seven other states that likewise grant domestic partnership rights but not full marriage benefits. The designation of marriage, Verrilli noted, "confers a special validation of the relationship between two individuals and conveys a message to society that domestic partnerships or civil unions cannot match."
More broadly, the administration's argument is that any laws based on sexual orientation require "heightened scrutiny" from courts would potentially affect all states. |
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