Seeking to capitalize on growing public support for gay marriage, advocates are calling on the administration to file a broad brief not only asking the court to declare California's ban unconstitutional but also urging the justices to make all state bans illegal.The Court will also hear arguments against the Defense of Marriage Act, the day after the Prop 8 arguments. The Department of Justice has already withdrawn its defense of DOMA, after determining the federal law was unconstitutional, which would make intervention on this case at the very least consistent.
"If they do make that argument and the court accepts it, the ramifications could be very sweeping," said Richard Socarides, an attorney and advocate.
The administration could also file a narrower brief that would ask the court to issue a decision applying only to California. Or it could decide not to weigh in on the case at all.
President Obama is now committed to marriage equality and the Department of Justice has made a determination on federal law against a federal ban. There would be no inconsistency in the government filing this brief. President Obama can complete his evolution on the issue by helping to fight for it with the Supreme Court.
And we can continue to fight for equality at the state level. Please contribue $3 to Oregon United for Marriage to help.