The Obama Administration filed an unprecedented legal brief with the Supreme Court of the United States that supports invalidating the Defense Of Marriage Act (DOMA), by finding it unconstitutional, because it violates the constitutional guarantee of equal protection under the law.
When President Obama was interviewed earlier this week by Dan Ashley, on my local news station KGO ABC7, he asked the president if his administration intended on filing any briefs with the Supreme Court, in the marriage equality cases that will be argued next month. President Obama replied:
“The Solicitor General is still looking at this. I have to make sure that I’m not interjecting myself too much into this process, particularly when we’re not a party to the case. I can tell you, though, obviously, my personal view, which is that I think that same-sex couples should have the same rights and be treated like everybody else. And that’s something I feel very strongly about and my administration is acting on wherever we can.”The Solicitor General Donald Verrilli concluded his review, and the briefs were filed with the Court yesterday. Verrilli writes:
Section 3 of DOMA violates the fundamental constitutional guarantee of equal protection. The law denies to tens of thousands of same-sex couples who are legally married under state law an array of important federal benefits that are available to legally married opposite-sex couples. Because this discrimination cannot be justified as substantially furthering any important governmental interest, Section 3 is unconstitutional.In the Proposition 8 case, the attorneys challenging the law filed their briefs, and urge the Justices to rule that all of the laws in each state that ban same-sex marriage are unconstitutional, and that marriage equality is a protected right in our Constitution.
In the Los Angeles Times, reporter David G. Savage writes:
Olson and co-counsel David Boies said they decided to "paint the broad picture" for the Supreme Court on how marriage for gays fits with the nation's historic commitment to liberty and equality.
"Because of their sexual orientation — a characteristic with which they are born and which they cannot change — plaintiffs and hundreds of thousands of gay men and lesbians in California and across the nation are being excluded from one of life's most precious relationships. They may not marry the person they love, the person with whom they wish to partner in building a family and with whom they wish to share their future," they wrote.
Forbidding them to marry "denies gay men and lesbians their identity and their dignity; it labels their families as second-rate. That outcome cannot be squared with the principle of equality and the unalienable right to liberty and the pursuit of happiness that is the bedrock promise of America from the Declaration of Independence to the 14th Amendment and the dream of all Americans."I’m nearly dumbstruck by this is incredibly exciting news.
We all have the unalienable right to life, liberty and the pursuit of happiness. Someone should tell the Republican party that fact, though they’ll find out soon enough. The court is expected to rule in June 2013.
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