Obama May Tell the Supreme Court to Overturn Gay Marriage Ban

The president considers filing a brief in the California Prop 8 case

Obama and his staff are considering whether to urge the Supreme Court to overturn Proposition 8, California's ban on gay marriage, the AP reports.

Same-sex marriage advocates have been campaigning for months to have Obama file an amicus brief with the court. Last month, a New York Times editorial gave him detailed instructions for this course of action: Obama should "have his solicitor general file a brief in the Proposition 8 case being argued before the Supreme Court in March, saying that California's voter-approved ban on same-sex marriage is unconstitutional."

His support may influence the court, but on its own, it probably won't greatly sway their decision.

The president raised hopes by mentioning gay rights in his inaugural speech, which called for gays and lesbians to be "treated like anyone else under the law." He has until Feb 28, just over a week, to file the brief.

Via the Washington Post and the New York Times.

Should Obama advise the court to overturn CA's gay marriage ban?

[Dawns]

Maybe obama will do one good thing.

[ZombieMedic]

Government shouldn't be involved in marriage in any way. If people want to marry, shouldn't be anyone's business but their own. No marriage licenses needed, that's just another money making scheme.

[jamie91]

Then no more legal rights for spouses? Married couples treated as strangers as they would no longer be next of kin. Multiple marriages okay? I would be on board, but I bet you lots of married folk do not want to give up their "special privileges".

[Litdes]

So long as marriage carries legal rights and protections, the government is inherently involved.

[Realthinker]

@jamie91 With government out of the business of licensing marriages, marriage would revert to the church where it has always belonged. Then, thanks to the "separation of church and state', the government would not be able to dictate who the church chooses to marry.

[AceLuby]

@Realthinker Marriage goes back to before churches. It was a way to bind tribes by blood and set up trade. It has ALWAYS been a contract, it was the church who stole it and now wants to claim a monopoly on the term.

[jamie91]

@Realthinker yes, but how are you going to tell all those married folks that marriage is no longer legal? That their husbands and wives have no more rights to them as next if kin? No more joint tax forms, when their spouse dies the no longer automatically inherit? If they do inherit they now how to pay tax of the things accumulated together in life. As I say, I'm fine with that.... Now just sell it to the rest of the country.

[Grubby]

Here he goes again. The Moron in Chief thinks he is a dictator and can just tell the Supreme Court (and Congress) what to do. I fully expect him to try to dismiss both of the other two branches of government before the end of this term, cancel the Constitution, and name himself Emperor.

[Sonny]

Please keep in mind---that the phrase "tell the court to overturn gay marriage ban"...is the headline and statement from the Politix writer here...and did not come from the Obama Administration.....There is no "emperor" here, just bad writing.

[Zazziness]

Fantasy is fun to play in but not a good place to live. Mr. Obama will not be "canceling the Constitution." In fact, if he files a brief with the court he will be supporting our Constitution's insistence that all citizens are equal under the law.

[TonyC]

As you should know, the President can't "tell" the Supreme Court what to do. He's deciding whether to add his own friend of the court brief to the many who have already done so. I applaud him for this. It is the morally correct approach.

[ErnestPayne]

So how long have you been this delusional?

[drpeeper]

Interfering in states rights. And he was a Constitutional scholar ? LOL

[Sonny]

Well first of all this headline is very misleading. One major branch of government can not just "tell" another branch of government to do or not do something. The Obama Administration can certainly offer an "Amicus Curiae Brief" and/or testify, if invited by the Supreme Court to do so....And make its legal opinions known.

[DerivePI]

So how is the Federal government going to involve itself in California's bailiwick? Perhaps the interstate commerce clause? Perhaps the civil rights act of 1964? Maybe it's in the "Affordable" [LOL] Care act (don't know haven't read it).

[Zazziness]

It would be the 14th Amendment -- every citizen must be treated as equal under the law. A majority is not allowed to vote itself rights that others don't have. (And in Loving vs Virginia, the SCOTUS already ruled that marriage is a fundamental right.)

[Sonny]

@Zazziness Thanks Zazziness!

[Arumizy]

@Zazziness Considering straits do not have a right that gays do not your point is mute. They have the right to marry a mate of the opposite sex for reproductive purposes. what you are wanting is to create a special law for a minority. Markedly we maybe should.

[Sonny]

@Arumizy I'm sorry but procreation is NOT the only reason that people get married. People get married for all sorts of (personal reasons)...And those reasons are no ones business except the two people getting married. So your reasoning is not correct, here, Arumizy. And a "special law" is not needed or requested...Just equal rights and laws on par with everyone else.

[Zazziness]

@Arumizy No. marriage is American culture is not strictly for reproduction. That's easily refuted. No one must take a fertility test before marrying and if marriages produce no offspring, they are still marriages. People past the age of reproduction may marry. In the U.S., marriage is the formation of a family partnership between adults with a loving bond. Homosexuals are just as capable of forming families and loving relationships as you are.

[wangotango]

If voters of a state voted in approval of a ban against gay marriage then dont go against the will of the majority.

[Yobyag]

"Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities" - A Quote from the 'sainted" Ayn Rand

[Sonny]

@Yobyag "Well said, Yobyag!......

[wangotango]

@Yobyag If a majority voted against gay marraige due to the fact they view homosexuality as an immoral act and percieve the chosen lifestyle doesnt fit the mold of a minority group such as race doe is that going against the rights for the will of the majority? If its a minority rights issue then why even bring it up as a voter issue within a state?

[classychazy]

@wangotango. There is no need for a vote on this. The majority of people feelings about this issue is their own damn problem! You can not interject what you perceive to immoral into someones private lives it none of yours or anyone else's. With that statement it also in our constitution that we have the right to have freedom and liberty. Show me where it say if everyone else doesn't agree with your choices in life then your freedom is taken away.

[MolonLabe]

@classychazy So, the people voted and the SCOTUS over turned it...how is that freedom? What's the point of states rights, if the courts just over turn the will of the people?

[Vance1]

The Obama is an absolute jerk!!

[Sonny]

Whats "the Obama"?

[Vance1]

@Sonny
Your liberal Messiah

[Sonny]

@Vance1 Sorry, but I don't have a "messiah" do you?

[Vance1]

@Sonny
Yes mine is called Jesus Christ, and yours is called "Socialism"

[Sonny]

@Vance1 I just told you that I don't have a messiah. And just as you are free to have one. I am free to NOT have one. So I have chosen not to have neither jesus christ nor socialism as my "messiah".

[Yobyag]

The President cal TELL the Supreme Court to do anything. The best they can do is file a friend of the court brief which would be more than any other president ever did for us.

[Knightkore]

Interesting....he really has no respect for those that disagree with him or the Supreme Court....remember how he embarrassed them at one of his speeches....

[Yobyag]

@Knightmare It is possible to respect an opion without sharing it. He will do what he feels is right.

[NavinRJohnson]

More gay marriage would cut down on activities like this:

http://www.dailymail.co.uk/news/article-22815...

[harold_lloyd]

The Pres has the same rights to free speech as any citizen.

The Court, as always, is free to ignore him, or anyone else.

That's why we call it 'checks and balances'.

What a wonderful thing, our Constitution.

[retiredvet]

this is a state issue there is no federal marriage liscence.

[Zazziness]

But there are many, many federal benefits that are only given to married couples.

[cpeter133]

But state laws must meet state and federal constitutional muster. The federal 14th amendment demands equal protection under the law. The CA case refers to a referrendum that removed already-recognized rights. You can't take rights away; you certainly can't do so by popular vote.

[AntiPorcheria]

Oh Mary. How could you write such a headline? Really? This looks like it was torn from the pages of the National Enquirer.

[Speedieg]

Because they like to spin up the extreme right on this forum. They must get more revenue somehow based n the number of anti-gay comments they can elicit.

[Realthinker]

Hey Politix, do you really think the filing of an amicus brief is the equivalent of the president "telling" the court what to do? The president has no power to direct the court to do anything.

[ErnestPayne]

Equality. What a strange concept for amurika. How does the Oath of Allegiance go?

[Hireman]

The executive branch needs to stay away from the judicial. Executive influence, if used can erode the checks and balances we have. The executive branch is already too powerful.

[Arumizy]

Honestly he should stay out of it, he already appeared to have threatened the supreme court about Obumblecare.

[mimi57]

OMG...the country is on the brink of having to shut down, and this administration is
once again, completely 'changing subjects'...Is he thinking about the entire country?
No, once again, he will go off on a rabbit trail and now attempt to overturn the gay
marriage ban?...Doesn't he have 'bigger fish to fry', ever?.. And we wonder why the
country is in the shape it's in. This is pathetic!

[Zazziness]

In this country, the rights of one are the rights of all. So yes, this is an issue that's important for every single citizen. Now it's gays who are being subjected to oppressive, inappropriate laws just because they are a minority. But tomorrow? It could be you. Or me. It is vitally important that all of us are equal under the law. It's essential.

[thatgirl]

@Zazziness Well said.

[MolonLabe]

@Zazziness Bullshit...the people's vote no longer counts.

[Zazziness]

@MolonLabe Not if you want to vote against the Constitution which defines our nation. You also cannot vote in slavery, vote to suspend elections or vote to have a king. This place has rules that are sound and well-reasoned; you will find them in our Constitution. You should read it some day. It's quite a famous document.

[RoFroh]

Isn't there better things he could be spending time doing??? His opinion isn't more important than anyone else's stick to fixing the economy!!!

[cpeter133]

You think the president--ANY president--does nothing but focus on one subject, all day every day? That would make them a very bad president. They have to react to many situations. His opinion isn't any more important than--but is JUST as important as--the others' who have filed similar briefs.

[Fuchsia]

He should not pander to chose sexual perverts. It doesn't matter if you feel like doing a child or a corpse, or if you feel like robbing a bank. Feelings don't matter. If something is wrong, you are to avoid it no matter what, no matter how it feels.

[cpeter133]

You focus on pedophilia and necrophilia, and WE'RE the perverts? You have serious issues.

If feelings don't matter, why do you straight people marry?

[classychazy]

Who says its wrong you? Who the hell are you to tell someone what the can or can't do and what gives you the right to interject your beliefs on another. You comparing gay marriage to have sex with a corpse or having sex with a child is ludicrous and it makes you appear to be a simple minded individual.

[RandyRouse]

Second term & he's doing everything but his JOB!
Keep America safe, Bring jobs back to the U.S., Lower taxes by not spending money we don't have. stop giving to companies that use it overseas. Stop giving your selves raises for doing a crappy job. GIT TO WORK! "We The People" need a good leader not someone to pad his friends pockets!

[Zazziness]

Just a small point -- most of the things you mentioned are not within the powers of a U.S. president. Most of them are Congress' responsibility.

[Speedieg]

Perhaps a remedial civics class is in order. Bills are proposed by congress. The house is currently controlled by republicans and is sitting around do nothing. The senate has a goodly number of republicans also doing nothing. If one is going to clam they can do a better job they should do it. Nothing is stopping them.