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Obama Administration To Back Gay Marriage In Prop. 8 Case

02/28/2013 02:50 pm ET | Updated Feb 28, 2013

WASHINGTON -- The Obama administration will urge the Supreme Court to allow same-sex marriage to resume in California, Pete Williams of NBC News reports. Thursday is the deadline for the administration to submit a friend-of-the-court brief in the Proposition 8 case, which will examine whether California voters had the right to ban same-sex marriage.

The precise language and scope of the amicus brief is unknown, but is expected to be filed later Thursday afternoon. It is unclear whether the brief will take the position that it is unconstitutional for any state to ban same-sex marriage or whether it will only speak to the specific circumstances in California, where voters narrowly voted to end gay marriage in 2008.

Thirteen states and the District of Columbia filed an amicus brief earlier on Thursday urging the Supreme Court to strike down Prop. 8.

President Barack Obama has stated that he personally believes that same-sex couples should be allowed to be married but has also previously said the issue should be left up to the states.

Update: The Obama administration has filed its brief in the Proposition 8 case, arguing that the 2008 ballot measure is unconstitutional and should be struck down by the court. More here.

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