Ted Olson has called on the Obama administration to file an amicus brief before the Supreme Court in the upcoming Prop 8 case.

The high court on Friday announced it would hear two cases related to marriage equality: a case challenging the federal Defense of Marriage Act (DOMA) and another challenging Proposition 8, California's 2008 voter-approved constitutional amendment banning gay nuptials.

(Related: Supreme Court to hear gay marriage-related Prop 8, DOMA cases.)

The Department of Justice (DOJ) last year refused to defend DOMA in court, saying it had concluded that the law was unconstitutional. However, the administration has never weighed in on Prop 8.

“I would hate to predict what the United States government is doing, but given the stand the president of the United States and the attorney general of the United States made with respect to marriage equality, we would certainly hope that they would participate,” Olson said in a conference call on Friday. “And I'm quite confident that if they did participate, they would support our position in this case because the denial of equal rights is subject to close scrutiny by the courts and cannot withstand that scrutiny.”

Richard Socarides, a former adviser to President Bill Clinton, told POLITICO that “there will be pressure for the Justice Department to weigh in on the Prop 8 case.”

“I think this federalizes the issue much more quickly than the White House would have liked and may force them to take a position earlier than they would have liked,” he added.

White House and DOJ spokespersons have repeatedly declined to comment on the case.