By David G. Savage and Christi Parsons
WASHINGTON — The Obama administration has urged the Supreme Court to strike down California’s voter-passed law barring same-sex marriage, arguing for the first time that the Constitution protects an equal right to marry for gays and lesbians.
“Tradition, no matter how long established, cannot by itself justify a discriminatory law,” the administration said in a brief filed with the high court late Thursday. “Prejudice may not be the basis for differential treatment under the law.”