The Supreme Court has granted a request
by the Obama administration for time to argue in support of
plaintiffs challenging Proposition 8, California's 2008
voter-approved gay marriage ban.
The court will hear arguments in
Hollingsworth v. Perry on March 26.
Previous to filing a last-minute amicus
brief in the case last month, 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.
According to Equality
on Trial, the Supreme Court on Friday agreed to grant U.S.
Solicitor General Donald B. Verrilli, Jr. ten minutes to make his
case that Proposition 8 violates the 14th Amendment's
Equal Protection Clause.
“The motion of the Solicitor General
for leave to participate in oral arguments as amicus curiae
and for divided argument is granted,” an order from the court
states.
The Department of Justice is also
involved in a case challenging the constitutionality of the Defense
of Marriage Act (DOMA). The Supreme Court will hear oral arguments
in that case on March 27.