Obama Reportedly Considering to File Supreme Court  Brief in Support of Gay 
Marriage
 
 
By _Stoyan  Zaimov_ (http://www.christianpost.com/author/stoyan-zaimov/) , 
Christian Post Reporter
February 21, 2013|12:16 pm
President Barack Obama is said to be considering to  file a 
friend-of-the-court brief with the Supreme Court in support of  overturning 
Proposition 8, 
the controversial 2008 California law that banned gay  marriage.
Austin R. Nimocks, senior counsel at Alliance Defending Freedom, who is a  
co-counsel in the case in favor of upholding Prop. 8, told The Christian 
Post in  a phone interview on Thursday that ADF will hold off on commenting on 
such a  brief until, or if, it is actually filed. However, he shared his 
hopes that the  Supreme Court justices will not change the traditional 
definition of  marriage. 
"The wisest course of action is for the Supreme Court to allow the debate  
over marriage to continue in this country and not judicially impose same-sex 
 marriage on Americans," Nimocks told CP. 
Obama, who declared last May that he is now in favor of legally recognizing 
 same-sex marriage, will seek to influence the justices, _Fox News 
reported_ 
(http://www.foxnews.com/politics/2013/02/21/obama-weighs-stepping-in-on-gay-marriage-case/#ixzz2LXvtP3mc)
 , and is currently looking at a number of  
important gay-marriage related cases that may decide the future of marriage 
in  the U.S. 
"I have to make sure that I'm not interjecting myself too much into this  
process, particularly when we're not a party to the case," Obama explained on 
 Wednesday in an interview with San Francisco's KGO-TV. He did not, 
however, make  a clear indication whether his administration will file the 
brief or 
not, a  decision that they have one week to make. 
During January's inaugural address, the president insisted that gays and  
lesbians should be "treated like anyone else under the law." "For if we are  
truly created equal, than surely the love we commit to one another must be 
equal  as well," Obama told the nation at the U.S. Capitol.  
The Supreme Court will take up Prop. 8 on March 26, and can decide to 
uphold  the gay-marriage ban, to reverse it in California alone, and even to 
prohibit  states from banning gay marriage, which would have the widest 
implications.  Currently, each state has the right to decide its own marriage 
laws. 
Nine  states, and the District of Columbia, have legalized same-sex 
marriage, but the  practice remains illegal in the majority of other states.



Fox News suggested that a presidential brief is unlikely to sway the 
Supreme  Court judges, but the White House opinion would still carry some 
weight 
in the  courts and be something to consider. 
Theodore Olson and David Boies, two lawyers who are urging the justices to  
overturn Prop. 8, have said that they hope the White House administration 
will  file a brief. Boies said in an interview last year that "we all have a 
lot of  work to do to undo the 'pain and evil' of this discrimination 
against gays and  lesbians." 
"We believe the Supreme Court will get it right. David and I are writing no 
 justice of this court off," _Olson added_ 
(http://www.law.nyu.edu/news/RACHEL_MADDOW_INTERVIEWS_PROPOSITION_8_LITIGATORS_DAVID_BOIES_AND_TED_OLSON_AT_L
AW_SCHOOL_SYMPOSIUM) , expressing confidence that Prop. 8 will be  
overturned. 
Charles J. Cooper, the lawyer defending Prop. 8 along with ADF, has urged 
the  government to stay out of the case, since it is not a party in it and 
has not  been asked by the court to make its views known. 
U.S. public opinions concerning same-sex marriage have been shifting in  
recent years, with a _November 2012 Gallup poll_ 
(http://www.gallup.com/poll/159089/religion-major-factor-americans-opposed-sex-marriage.aspx)
 l showing 
that a slight majority, or  53 percent of respondents, +/- 4 percentage 
points, indicated that they are in  favor of legalizing same-sex marriage. And 
46 
percent of Americans said same-sex  marriage should not be recognized by 
law as  valid.

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