Washington, D.C. – Barack Obama told reporters this week that he and his administration are considering filing a brief with the Supreme Court in favor of homosexual “marriage.”
In an interview with Dan Ashley of ABC affiliate KGO-TV, he explained that he is contemplating whether he should weigh in on California’s Proposition 8 case before the filing deadline of February 28th.
“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,” Obama outlined. “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 that I feel very strongly about [and] my administration’s acting on wherever we can.”
The document, if filed, would be what is known as a “friend of the court” brief, or an amicus brief. As previously reported, over two dozen individuals and organizations have filed briefs with the court in support of Biblical marriage.
According to Alliance Defending Freedom (ADF), which is at the forefront of the cases currently before the court, attorney generals from 19 states have filed joint briefs with the Supreme Court in favor of marriage remaining between a man and woman, and at least four legal organizations discussed the religious liberty concerns that the legalization of homosexual “marriage” would raise.
Additionally, three African American groups explained to the court their belief that homosexuality cannot be compared to matters of race or interracial marriage. Approximately 37 legal scholars contended that the states should have the right to preserve marriage and not be forced to do otherwise, and 17 judges and scholars spoke of how international law does not support redefining marriage. Self-identified homosexual and bisexual individuals also expressed their support for leaving marriage the way it has been from the beginning of creation.
ADF, however, has declined to comment on Obama’s potential involvement in the matter through an amicus brief until an actual document has been received by the court.
The United States Supreme Court is scheduled to hear oral argument in both the Proposition 8 and Defense of Marriage Act (DOMA) cases next month and rule on the matter in June. The matter surrounding Proposition 8 hails back to 2008 when voters in California were presented with a ballot initiative asking if residents wished to enshrine marriage in the state as being between a man and woman. The measure, which sought to add an amendment to the state Constitution to protect the Biblical definition of marriage from infringement, passed by five percentage points.
The Defense of Marriage Act, the second matter to be decided by the court, was signed into law by then President Bill Clinton in September 1996 after clearing the House and Senate with overwhelming support. In addition to providing a federal definition of marriage, the law bars homosexual relationships from being recognized by the IRS or the Social Security Administration, and also excludes homosexuals that serve as government workers from being recognized as a couple in order to obtain insurance benefits.