February 28, 2013
By Scottie Thomaston
As the Obama administration is considering filing a friend-of-the-court brief in the Prop 8 case in support of marriage equality, ABC News is reporting that Attorney General Eric Holder said in an interview that marriage equality is “really the latest civil-rights issue” and it’s about “whether or not American citizens are going to be treated with equal protection of the laws[.]”
The Attorney General says they are still deciding “what position we’re gonna take” suggesting that the question may be over which arguments to make rather than whether to make any arguments. The Justice Department would file the brief if one were to be filed. The Solicitor General is typically the lawyer who tells the Supreme Court what the administration’s legal position is on any issue, so the brief would be filed by Solicitor General Donald Verrilli.
A brief is due by the end of the day if they decide to file.