Obama administration to file amicus brief to overturn California’s Prop. 8

Posted by AzBlueMeanie:

The Obama administration will file a brief in Hollingsworth v. Perry to overturn California's Prop. 8 before the deadline later today. Pete Williams at NBC News reports, Obama administration to express support for gay marriage before Supreme Court:

Administration officials say the Justice Department will urge the U.S.
Supreme Court to allow same-sex marriage to resume in California, wading
into the protracted legal battle over Proposition 8 and giving
gay-rights advocates a new court ally.

After first suggesting it would not get involved, the Obama administration
will file a friend-of-the-court brief late today in support of the two
gay couples who launched the fight over the issue four years ago, the
officials said. Today is the last day for filing briefs in support of
the couples' position.

* * *

The Supreme Court hears oral arguments in late March to decide the fate
of Proposition 8, an amendment to the state constitution approved by 52
percent of California voters in 2008. It banned same-sex marriages in
the state and went into effect after 18,000 gay couples were legally
married earlier that year.

Related: Now it is 100 Republicans to sign brief to the Supreme Court arguing that gays and lesbians should be allowed to legally wed.

UPDATE: 172 of 199 House Democrats, and 40 of 55 Senate Democrats, sign amicus brief urging Supreme Court to strike down Defense of Marriage Act (DOMA).

[The constitutionality of California's Proposition 8 is pending before the Court in Hollingsworth v. Perry (12-144).]

[The constitutionality of the Defense of Marriage Act (DOMA) is pending before the Court in United States v.Windsor (12-307).]

UPDATE: Lyle Denniston at Scotus.blog.com reports that the Obama administration timely filed its amicus brief: The Obama administration on Thursday urged the Supreme Court (.pdf) to
rule in the case of California’s Proposition 8 that same-sex marriage
should be required in eight more states, beyond the nine that already
permit it, although it stopped short of explicitly calling for the
Justices to extend the right to the entire nation. ”California’s extension of all of the substantive rights and responsibilities of marriage to gay and lesbian domestic partners particularly undermines the justifications for Proposition 8.”

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