“The Obama administration abandoned its states’ rights position on marriage Thursday (Feb. 28) by asking the Supreme Court to overturn California’s Proposition 8, and in the process it laid the legal groundwork for legalizing gay marriage nationwide.” -Baptist Press, March 1, 2013
Last year president Obama announced his support of gay marriage and made it an issue in the campaign, but at that time indicated the legal specifics of marriage should remain the business of each state. Last year he said “I think it is a mistake to try to make what has traditionally been a state issue into a national issue.” Now in his second term he can say and act on what he really thinks. The Justice Department is asking the Court to use a form of review known as “heightened scrutiny” which is much more likely to result in Prop 8 being struck down than “rational basis.” Reviewing California’s Proposition 8 under heightened scrutiny could be a big step in legalizing gay marriage nationwide.
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