Note: This post was accidentally taken down so I’m bumping it.
Well, he is the First Gay President.
Washington (AP) – The Obama administration is considering urging the Supreme Court to overturn California’s ban on gay marriage — a move that could have a far-reaching impact on same-sex couples across the country.
The administration has one week to file a friend-of-the-court brief with the justices on the California ban, known as Proposition 8. While an administration brief alone is unlikely to sway the high court, the government’s opinion does carry weight with the justices.
Proposition 8 opponents believe the president signaled his intention to file a brief when he declared in last month’s inaugural address that gays and lesbians must be “treated like anyone else under the law.” An administration official said Obama was not foreshadowing any legal action, though the administration was considering filing a brief.
The Proposition 8 ballot initiative was approved by California voters in 2008 and overturned a state Supreme Court decision allowing gay marriage. Twenty-nine other states have constitutional amendments banning gay marriage, while nine states and Washington, D.C., recognize same-sex marriage.
An administration brief alone is unlikely to sway the Justices but the federal government’s opinion does carry weight with the court.
A final decision on whether to file a brief has not been made, a senior administration official said. Solicitor General Donald Verrilli is consulting with the White House on the matter, said the official, speaking only on condition of anonymity because the official was not authorized to address the private deliberations publicly.
While the Justice Department would formally make the filing, the president himself is almost certain to make the ultimate decision on whether to file.
“I have to make sure that I’m not interjecting myself too much into this process, particularly when we’re not a party to the case,” Obama said Wednesday in interview with San Francisco’s KGO-TV.