I hope you will all indulge me since I posted a diary on the subject earlier today and there is currently a front-page diary noting, as I did earlier, that the Obama administration would be submitting an amicus brief to the Supreme Court on the Prop 8 case. The filiing deadline was 5 p.m., EST and it is well past that now but the brief became available only a few minutes ago.
I've only begun reading it but the basic argument is clearly stated at the outset: According to the Administration (and this should surprise nobody), Prop 8 is Unconstitutional as a violation of the Equal Protection Clause because it fails heightened scrutiny. The complexity of the case is involved in the fact that it WITHDRAWS a right previously granted to California residents (not that it fails to grant that right) and that that withdrawal is not supported by any compelling government interest.
The brief is posted on http://sblog.s3.amazonaws.com/...