American Foundation for Equal Rights

Marriage News Blog

New York Times to Obama: Tell Supreme Court Prop. 8 is Unconstitutional

In a forceful editorial yesterday, the New York Times urged President Obama’s Justice Department to file a friend of the court brief with the U.S. Supreme Court supporting marriage equality and AFER’s challenge to Prop. 8:

“Now that Mr. Obama has declared that he believes denying gay people the right to wed is not only unfair and morally wrong but also legally unsupportable, the urgent question is how he will translate his words into action. To start, he should have his solicitor general file a brief in the Proposition 8 case being argued before the Supreme Court in March, saying that California’s voter-approved ban on same-sex marriage is unconstitutional.

“A strong filing by the Justice Department, forthrightly declaring that denying the freedom to marry violates the Constitution, would put the full weight of the federal government on the side of justice and could influence the shape of the ruling.

“Mr. Obama’s Inaugural Address appeared to reflect a deepened understanding that the right to marry the person of one’s choice is a fundamental right “under the law.” He needs to make sure his solicitor general conveys that sound legal view loud and clear in the Proposition 8 case.”

Read the full editorial >

In his landmark Inauguration address, the President eloquently  reaffirmed his support for allowing gay and lesbian Americans the freedom to marry the person they love:

“Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law, for if we are truly created equal, then surely the love we commit to one another must be equal as well.”

The Obama Administration has until February 28 to file a brief.