By Greg Sargent
As expected, the Obama administration has submitted a friend of the court brief in the case challenging Proposition 8 before the Supreme Court. Just as gay rights advocates had hoped, Obama’s Solicitor General has made a sweeping case against Proposition 8 as unconstitutional, which is a bold move and makes it more likely that the Supreme Court will strike down the law with a similarly sweeping argument. This in turn could set a precedent for challenging the constitutionality of other state laws banning gay marriage — potentially leading to full equality across the country.
In short, in this brief, the United States government has put the force of a fully fleshed out legal argument behind Obama’s historic words during his Inaugural Address: “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.”
