The Obama administration filed an amicus brief with the U.S. Supreme Court urging the court to invalidate Prop. 8 because it discriminates against same sex couples.
The Obama administration is weighing in on California's ban on same sex marriage.
It filed an amicus brief with the U.S. Supreme Court on Thursday, urging the court to invalidate Prop. 8 because it discriminates against same sex couples. Read brief here (pdf).
In it, the administration argues that denying gays and lesbians the right to marry violates the Constitution's Equal Protection Clause. It also contends that discrimination based on sexual orientation requires extra scrutiny by the court.
California's Lt. Governor Gavin Newsom who allowed same sex marriages to happen in 2004 is applauding the White House for standing up for equal protection under the law.
Newsom says, "I'm proud of him he's taking a risk he didn't need to do this but he's doing the right thing."
San Francisco City Attorney Dennis Herrera's office has argued for marriage equality for the last nine years, before more than 50 judges.
Now he and a team of attorneys are preparing to make their case against Prop 8 before the highest court in the nation.
He says it's impossible to predict how the justices will respond. Herrera says, "You have be prepared to make your case to all 9 justices, things are unpredictable, you have to argue to them all. Herrera says support from the White House bolsters his case.
Both sides will argue before the court March 26, 2013. A ruling on the future of Prop. 8 in California is expected in June.