Gov’t asks Court to find DOMA unconstitutional – and invokes Prop 8
The Obama administration filed a brief with the U.S. Supreme Court Friday which formally asked the justices to declare the Defense of Marriage Act, which prohibits same-sex married couples from being recognized by the federal government, unconstitutional. But in its argument, the government cites California’s voter-approved same-sex marriage ban as evidence of the problem of bias against same-sex couples.
In doing so, the brief raises speculation that the government may jump directly into the legal challenge of California’s Proposition 8, which is also before the Court, writes SCOTUSblog’s Lyle Denniston. More on all of Friday’s filings in U.S. v. Windsor can be found here from SCOTUSblog.
Meanwhile, the Court kicks off what could prove to be another busy week today. In addition to oral arguments this week on cases including Maryland v. King, which challenges states’ ability to collect DNA evidence from arrestees without a warrant, the Court will hand down opinions Tuesday and Wednesday in pending cases. Check back on our Supreme Court Report for the latest news from the justices.
