The Obama administration has asked the U.S. Supreme Court to allow its lawyers to participate in oral arguments before the court in Hollingsworth v. Perry, the case challenging the constitutionality of Proposition 8, California's gay marriage ban.

Previous to filing a last-minute amicus brief in the case on Thursday, the administration had not weighed in on the issue.

In its brief, the Department of Justice stopped short of calling on the court to strike down marriage bans nationwide. But its position, that such bans in states where gay couples are recognized but not allowed to marry violate equal protection, affects at least 8 other states where civil unions or domestic partnerships are legal.

(Related: Gay groups cheer as Obama urges Supreme Court to strike down Prop 8.)

On Friday, President Barack Obama stated that he felt there was no way to avoid the case, saying he thought it was important to tell the court that the administration feels such bans do not meet “constitutional muster.”

According to Equality on Trial, the government has filed a motion requesting ten minutes of argument time.