"President Obama now tops the list of
influential supporters who
have
filed briefs opposing Proposition 8 at the Supreme Court."
Post by Mary L. Bonauto, GLAD Civil Rights Project Director
filed briefs opposing Proposition 8 at the Supreme Court."
Post by Mary L. Bonauto, GLAD Civil Rights Project Director
President Obama’s Justice Department joined the litigation
efforts for the freedom to marry with their February 28 landmark filing of a “friend of the
court” brief to the United States Supreme Court arguing that California’s
Proposition 8 is an unconstitutional violation of the equal protection clause
of the U.S. Constitution.
As my colleague, GLAD Executive Director Lee Swislow, has
said, the President’s support for the freedom of same-sex couples to express
their love and commitment through marriage could not be more significant.
The Department of Justice brief addresses the
constitutionality of Proposition 8 rather than the laws of other states that
bar same-sex couples from marrying. The question presented to the Supreme Court
asks: “Whether the Equal Protection Clause of the Fourteenth Amendment
prohibits the State of California from defining marriage as the· union of a man
and a woman,” and the Department’s brief answers “YES.”
While the brief specifically addresses why Proposition 8 is
invalid, it clearly does so in ways that could affect the legal debate beyond
California.
For example:
