First the Republicans, then the companies, then Clint Eastwood, and now the President of the United States. Things are looking good for gay marriage in the state of California as it was recently announced that the Obama administration will throw its support behind ending a ban on same-sex marriage in California. The administration will urge the Supreme Court of the United States “to rule that voters in California were not entitled to ban same-sex marriage there, according to an administration official,” reported the NYTimes. While the administration didn’t have to write a brief, it chose to do so after being lobbied by gay-rights groups. According the Times, there is major significance in this letter.
The case from California presents the broader question of whether there is a constitutional right to same-sex marriage in the states that do not allow it, which is why the new brief is significant. It is hardly certain, however, that the Supreme Court will end up deciding that broad question. The court may well avoid the issue on technical grounds or rule in a way that applies only to California.