White House Urges Court To Overturn Proposition 8

The Obama Administration filed a brief urging the Supreme Court to declare California’s voter-approved ban on same-sex marriage unconstitutional.

The brief filed by Solicitor General Donald Verrilli mentions bans on same-sex marriage in seven other states that grant broad domestic partnership rights and suggests they are also unconstitutional, but the Justice Department did not directly attack same-sex marriage bans on the books in states without comprehensive rights for same-sex couples. …

The federal government was not a party to the California case and was under no obligation to file a brief. However, gay rights groups had urged the administration to use the case to publicly embrace a federal constitutional right to same-sex marriage.