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In a historic move Thursday night, the Obama administration made a statement that the Supreme Court should rule California’s Proposition 8 unconstitutional and recognize the right to marriage equality.

The administration argued that denying gay and lesbian couples the right to marry violates the Constitution’s equal protection clause, and that any ban on same-sex marriage should be subjected to a test known as “heightened scrutiny” – a test that the law would be likely to fail. That argument is similar to the one made in the administration’s brief in a second case before the Supreme Court concerning the Defense of Marriage Act of 1996, which the administration has also asked the court to declare unconstitutional.

“thumbprint portrait” by cheryl sorg

SnOberlin sunsets. on Flickr.