March 15, 2013 | by Chris Johnson
Court grants DOJ speaking time in Prop 8 case
Supreme Court, gay news, Washington Blade

The U.S. Supreme Court has granted the Justice Department time to speak during the Prop 8 arguments (Washington Blade file photo by Michael Key)

The Obama administration will have the opportunity to speak out against the constitutionality of California’s Proposition 8 when the U.S. Supreme Court hears oral arguments on the anti-gay measure.

In court orders on Friday, justices announced the U.S. Solicitor General will be allowed speaking time for oral arguments in the case, which are scheduled for March 26.

“The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted,” the orders states.

The Justice Department had filed a request for speaking time in the oral arguments shortly after it filed a legal brief against Prop 8. In the brief, the Obama administration argued Prop 8 should be overturned because laws related to sexual orientation should be subjected to heightened scrutiny, or a greater assumption they’re unconstitutional.

The Obama administration is also participating in litigation against the Defense of Marriage Act pending before the Supreme Court. Oral arguments for that case are set for March 27.

Chris Johnson is Chief Political & White House Reporter for the Washington Blade. Johnson attends the daily White House press briefings and is a member of the White House Correspondents' Association. Follow Chris

6 Comments
  • So will Mr. Obama's Soliciter General unequivocally speak the words that their written brief indefensibly failed to—that ALL marriage bans, not just those in states like California, should be ruled unconstitutional? Mr. Obama's comments AFTER it was submitted were like trying to saddle the horse after it's left the barn.

  • So will Mr. Obama’s Soliciter General unequivocally speak the words that their written brief indefensibly failed to—that ALL marriage bans, not just those in states like California, should be ruled unconstitutional? Mr. Obama’s comments AFTER it was submitted were like trying to saddle the horse after it’s left the barn.

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