WASHINGTON — The Obama administration urged the Supreme Court on Thursday to strike down California’s ban on same-sex marriage as unconstitutional, staking out a legal theory that would forbid states from banning same-sex marriage if it were adopted by the court.
In an amicus brief in Hollingsworth v. Perry, the administration particularly said those states which allow civil unions but not same-sex marriages — Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island — were violating the 14th Amendment’s right to equal protection.
“The designation of marriage,” wrote Solicitor General Donald Verrilli Jr., “confers a special validation of the relationship between two individuals and conveys a message to society that domestic partnerships or civil unions cannot match.”
July 6, 2024