The United States Supreme Court.

Yesterday, in an editorial, the New York Times urged the Obama Administration to direct the Solicitor General to file an amicus brief in Hollingsworth v Perry; the Proposition 8 case before the US Supreme Court. as the Times observes:

By including gay rights in the arc of the struggle for civil rights —
the road “through Seneca Falls and Selma and Stonewall” — President
Obama linked his presidency to ending antigay discrimination and
underscored the legal wrong of denying gay people the freedom to marry.

[…]

Now that Mr. Obama has declared that he believes denying gay people the
right to wed is not only unfair and morally wrong but also legally
unsupportable, the urgent question is how he will translate his words
into action. To start, he 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

I would argue that the President must go a step further. The administration has chosen not to defend the Defense of Marriage Act on the premise that it is unconstitutional. Therefore, they seem almost obligated to file another amicus brief in the DOMA case, US v Windsor. The SG has an opportunity to challenge the standing of BLAG and DOMA itself.

Oral arguments in Perry and Windsor are scheduled for March 26 and March 27 respectively.

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By David Cary Hart

Retired CEO. Formerly a W.E. Deming-trained quality-management consultant. Now just a cranky Jewish queer. Gay cis. He/Him/His.