Obama, a former constitutional law professor, raised expectations that he would back a broad brief during his inauguration address on Jan. 21. He said the nation’s journey “is not complete until our gay brothers and sisters are treated like anyone else under the law.”
“For if we are truly created equal, than surely the love we commit to one another must be equal as well,” Obama said.
Obama has a complicated history on gay marriage. As a presidential candidate in 2008, he opposed the California ban but didn’t endorse gay marriage. He later said his personal views on gay marriage were “evolving.”
When he ran for re-election last year, Obama announced his personal support for same-sex marriage, but said marriage was an issue that states, not the federal government, should decide.
Public opinion has shifted in support of gay marriage in recent years.
In May 2008, Gallup found that 56 percent of Americans felt same-sex marriages should not be recognized by the law as valid. By last November, 53 percent felt they should be legally recognized.
One day after the Supreme Court hears the Proposition 8 case, the justices will hear arguments on another gay marriage case, this one involving provisions of the federal Defense of Marriage Act.
That act defines marriage as between a man and a woman for the purpose of deciding who can receive a range of federal benefits.
The administration abandoned its defense of the act in 2011, but the measure will continue to be federal law unless it is struck down or repealed.
In a brief filed last week, the government said Section 3 of the act “violates the fundamental constitutional guarantee of equal protection” because it denies legally married same-sex couples many federal benefits that are available only to legally married heterosexual couples.