President Obama opposes California's gay marriage ban: 4 takeaways
The move appears to represent another evolution in the president's support for same-sex marriage
The Obama administration on Thursday filed a brief with the Supreme Court urging it to strike down a gay-marriage ban in California, which was passed by the Golden State's voters in a 2008 referendum known as Proposition 8. The administration argues that the ban violates the Constitution's equal protection clause, in the far-reaching brief that suggests similar laws in other states are also unconstitutional in the administration's view. In a statement, Attorney General Eric Holder said the government "seeks to vindicate the defining constitutional ideal of equal treatment under the law." Here, four takeaways from the latest round in the battle for gay rights:
1. This is a sweeping defense of gay marriage
The brief constitutes the administration's strongest defense yet of same-sex marriage, arguing that the equal protection clause forbids California from offering civil unions to gay couples while denying them the right to marry. In addition, the brief says bans on gay marriage must meet a rigorous test known as "heightened scrutiny" — meaning states must prove that the bans are "substantially related to an important government objective." The brief technically does not address laws in other states, but if the court were to agree with the administration's rationale, it's believed that "no state could, under constitutional guarantees against discrimination, deny same sex couples the right to marry," writes Pete Williams at NBC News.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
2. Obama seems to have changed his position on gay marriage
In 2012, Obama became the first sitting president to endorse gay marriage, though he insisted that it was up for individual states to decide. The administration's brief to the court, however, seeks to overturn a state constitutional amendment that was approved by voters. Obama appears to now believe that a state law explicitly barring same-sex marriages is irreconcilable with the equal rights afforded by the Constitution, which is the legal version of what he expressed at his inauguration: "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law," Obama said that day. "For if we are truly created equal, then surely the love we commit to one another must be equal as well." The shift is sure to draw criticism from small-government conservatives.
3. This is just one of two gay marriage cases before the court
In addition to the California case (Hollingsworth v. Perry), the Supreme Court this term will rule on a challenge to the Defense of Marriage Act (United States v. Windsor), which defines marriage as a union between a man and a woman. The Obama administration has taken a similar position in the latter case, but its implications are narrower. "The Supreme Court's ruling in the Defense of Marriage Act case will at most decide whether the federal government can discriminate against same-sex couples even if they married in states that allow such unions," say John Scwartz and Adam Liptak at The New York Times.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
4. It remains unclear how the court will rule
The Supreme Court could possibly rule on narrow grounds, skirting the constitutional argument almost entirely. Proposition 8 came in response to a California court ruling legalizing same-sex marriage, and the justices could hold "only that voters cannot take away a right previously enjoyed, however briefly, by Californians," say Richard Wolf and David Jackson at USA Today. However, Obama's far-reaching argument may invite the court to respond with equal magnitude. In the past, the court's conservatives have expressed reservations about moving too fast on gay marriage, given that it is still not legal in the vast majority of states. Liberals, however, are hopeful for a decision that matches the scope of the administration's brief. Obama's sweeping argument "makes it more likely that the Supreme Court will strike down" Proposition 8, says Greg Sargent at The Washington Post.
Ryu Spaeth is deputy editor at TheWeek.com. Follow him on Twitter.
-
How Harris and Trump differ on education
The Explainer Trump wants to disband the Department of Education. Harris wants to boost teacher pay.
By Joel Mathis, The Week US Published
-
How to minimize capital gains tax on investments
The Explainer It can take a chunk out of your profits
By Becca Stanek, The Week US Published
-
Crossword: November 4, 2024
The Week's daily crossword
By The Week Staff Published
-
US election: who the billionaires are backing
The Explainer More have endorsed Kamala Harris than Donald Trump, but among the 'ultra-rich' the split is more even
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published
-
1 of 6 'Trump Train' drivers liable in Biden bus blockade
Speed Read Only one of the accused was found liable in the case concerning the deliberate slowing of a 2020 Biden campaign bus
By Peter Weber, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published