Obama Files Brief Against Proposition 8

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The Obama administration is scheduled to file an amicus brief supporting gay Californians’ right to marry.

On Feb. 28, the Justice Department will urge the U.S. Supreme Court to side with two gay couples who started a legal fight to get married four years ago, when Proposition 8 was passed in California, according to NBC News.

Passed in 2008, Proposition 8 took away the right to marry from gays and lesbians in California. The law was challenged by two gay couples, who got a historic decision on Feb. 7, 2012, when the U.S. Court of Appeals for the Ninth Circuit found Proposition 8 unconstitutional. The proponents of the anti-gay law then took that decision to the Supreme Court.

Earlier this week, the Obama administration filed a friends-of-the-court brief in support of a challenge to the Defense of Marriage Act, a 1996 federal law that defines marriage as the union between a man and a woman thus depriving gay couples of of rights and privileges granted to heterosexual couples, like filing tax returns together and maintaining estate rights after widowing.

The Supreme Court is set to hear oral arguments on the Proposition 8 case (named Hollingsworth v. Perry) on March 26. The following day the high court will hear arguments in the case challenging DOMA.


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