It's gonna happen, whether you like it or not.
-- Former San Francisco Mayor, Gavin Newsom
It's been reported that the Obama Administration is considering filing a Friend of the Court brief with the Supreme Court, as the justices begin to hear arguments on California's Proposition 8, the voter-approved ban on same-sex marriage.
For those not in the know, a Friend of the Court, or Amicus Curiae, is someone who is not a party to a case who offers information that bears on the case, but that has not been solicited by any of the parties to assist a court. This may take of the form of legal opinion, testimony, or learned treatise, and is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case. The decision on whether to admit the information lies at the discretion of the court.
Interesting.
While I have little doubt it will change any one justices opinion, the fact that the government is speaking out in favor of striking down the ban, I think, may carry some weight with the court.
The court is scheduled to hear the case on March 26.
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