Obama urges high court to support gay marriage

FILE - In this May 8, 2012 file photo, President Barack Obama speaks in Washington. The Obama administration wants the Supreme Court to overturn Californias gay marriage ban, outlining a broad legal argument that could ultimately be applied to other state prohibitions. The administrations friend-of-the-court brief unequivocally calls on the justices to strike down California's Proposition 8 ballot measure. But it stops short of the soaring rhetoric on marriage equality from President Barack Obamas inaugural address. (AP Photo/Carolyn Kaster, File)
FILE - In this May 8, 2012 file photo, President Barack Obama speaks in Washington. The Obama administration wants the Supreme Court to overturn Californias gay marriage ban, outlining a broad legal argument that could ultimately be applied to other state prohibitions. The administrations friend-of-the-court brief unequivocally calls on the justices to strike down California's Proposition 8 ballot measure. But it stops short of the soaring rhetoric on marriage equality from President Barack Obamas inaugural address. (AP Photo/Carolyn Kaster, File) (Carolyn Kaster)
FILE - In this May 8, 2012 file photo, President Barack Obama speaks in Washington. The Obama administration wants the Supreme Court to overturn Californias gay marriage ban, outlining a broad legal argument that could ultimately be applied to other state prohibitions. The administrations friend-of-the-court brief unequivocally calls on the justices to strike down California's Proposition 8 ballot measure. But it stops short of the soaring rhetoric on marriage equality from President Barack Obamas inaugural address. (AP Photo/Carolyn Kaster, File)GALLERY: FILE - In this May 8, 2012 file photo, President Barack Obama… (Carolyn Kaster )
Posted: March 02, 2013

WASHINGTON - In a historic argument for gay rights, President Obama on Thursday urged the Supreme Court to overturn California's same-sex marriage ban and turn a skeptical eye on similar prohibitions across the country.

The Obama administration's friend-of-the-court brief marked the first time a U.S. president has urged the high court to expand the right of gays and lesbians to wed. The filing unequivocally calls on the justices to strike down California's Proposition 8 ballot measure, although it stops short of the soaring rhetoric on marriage equality Obama expressed in his inaugural address in January.

California is one of eight states that give gay couples all the benefits of marriage through civil unions or domestic partnership, but don't allow them to wed. The brief argues that in granting same-sex couples those rights, California has already acknowledged that gay relationships bear the same hallmarks as straight ones.

"They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death," the administration wrote.

Obama's position, if adopted by the court, would likely result in gay marriage becoming legal in the seven other states: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon, and Rhode Island.

In the longer term, the administration urges the justices to subject laws that discriminate on sexual orientation to more rigorous review than usual, a standard that would imperil other state bans on same-sex marriage.

The brief marks Obama's most expansive view of gay marriage and signals that he is moving away from his previous assertion that states should determine their own marriage laws. Obama, a former constitutional law professor, signed off on the administration's legal argument last week following discussions with Attorney General Eric H. Holder Jr. and Solicitor General Donald Verrilli.

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