The Obama administration told the Supreme Court on Thursday that
California’s ban on same-sex marriage violates the Constitution’s
guarantee of equal protection, a position that could also cast doubt on
prohibitions in other states.
The administration did not endorse a constitutional right to marry that would apply nationwide. But its friend-of-the-court brief,
a bold declaration of the administration’s interest in gay rights, said
the court should review laws banning same-sex marriage under
“heightened scrutiny.”
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