Calif. Attorney General Kamala Harris, President Barack Obama’s administration and two former UCLA football players have all separately filed amicus briefs with the U.S. Supreme Court this week, urging the court to reject Proposition 8.
Proposition 8, which was passed by Calif. voters in 2008, outlawed same-sex marriage in the state. Last February, a federal appeals court struck down the law in Calif. and ruled it unconstitutional. A “staying order” issued by the Ninth Circuit Court of Appeals, however, halted the unconstitutional ruling, leaving the proposition intact for the time being.
Proposition 8 supporters filed a petition last July with the Supreme Court, asking the court to review the case in hopes of having the measure permanently reinstated.
In December, the Supreme Court decided to take up the case, along with a separate case on the Defense of Marriage Act, a 1996 federal act that denies federal recognition to same-sex marriages in states that have legalized the practice.
On Wednesday, Harris filed a “friend-of-the-court” brief with the Court on behalf of the state of Calif., arguing that Proposition 8 is unconstitutional. Friend-of-the-court briefs, also known as amicus curiae briefs, are opinions submitted to a court for review by an outside party not involved with the case.
The Obama administration on Thursday also filed a similar brief with the Court in support of same-sex marriage. Thursday was the last day for any parties to file a brief with the Court, which may be why so many briefs have shown up over the past few days, according to the attorney general’s office. Obama’s brief is considered more significant than Harris’, however, said Gary Gates, a senior research fellow who specializes in the demography of the gay and lesbian population at the Williams Institute, a national think tank at the UCLA School of Law that conducts legal research and analysis of gender identity law and public policy.
“(Harris) is just going along with the precedent set by (Gov. Jerry) Brown,” Gates said. “It is much more significant that the Obama administration has supported the overturning of Proposition 8.”
Former UCLA football players Chris Kluwe and Brendon Ayanbadejo also jointly filed an amicus brief on Thursday, putting their support behind same-sex marriage, according to the sports news website Deadspin.com.
“If the (Supreme) Court reverses the Ninth Circuit (Appeals Court decision), many professional athletes will take their cues from that,” they stated in the brief. “And that will cause a ripple effect as even more people follow their role models, their leaders, their heroes.”
The court will hear oral arguments about the Proposition 8 case on March 26. If the court rules that the proponents of Proposition 8 do not have legal standing, then the case will fall back on the federal appeals court ruling that previously struck down the measure.
Compiled by Natalie Delgadillo, Bruin contributor, and Katherine Hafner, Bruin senior staff. Contributing reports by Stanley Wlodyka, Bruin contributor.