AFER co-founder Chad Griffin interrupts MSNBC interview to connect plaintiffs Kris Perry, Sandy Steir, Paul Katami, and Jeff Zarillo with President Obama. President Obama commended our plaintiffs for their courage and conviction. President Obama’s words to our plaintiffs below:

We’re proud of you guys, and we’re proud to have this in California. And it’s because of your leadership things are heading the right way. So you should be very proud today. Through your courage, you’re helping out a whole lotta people everywhere. –President Obama

QUESTION: Mr. President, your administration weighed in yesterday on the Proposition 8 case. A few months ago it looked like you might be averse to doing that.

I just wondered if you could talk a little bit about your deliberations and how your thinking evolved on that. Were there conversations that were important to you? Were there things that you read that influenced your thinking?

OBAMA: As everybody here knows, last year upon a long period of reflection, I concluded that we cannot discriminate against same-sex couples when it comes to marriage, that the basic principle that America is founded on, the idea that we’re all created equal, applies to everybody regardless of sexual orientation, as well as race or gender or religion or ethnicity.

And, you know, I think that the same evolution that I’ve gone through is an evolution that the country as a whole has gone through. And I think it is a profoundly positive thing. So that when the Supreme Court essentially called the question by taking this case about California’s law, I didn’t feel like that was something that this administration could avoid. I felt it was important for us to articulate what I believe and what this administration stands for.

And although I do think that we’re seeing on a state-by-state basis progress being made, more and more states recognizing same-sex couples and giving them the opportunity to marry and maintain all the benefits of marriage that heterosexual couples do. When the Supreme Court asks do you think that the California law, which doesn’t provide any rationale for discriminating against same-sex couples other than just the notion that, well, they’re same-sex couples — if the Supreme Court asks me or my attorney general or solicitor general, “Do we think that meets constitutional muster?,” I felt it was important for us to answer that question honestly. And the answer is no.

QUESTION: And given the fact that you do hold that position about gay marriage, I wondered if you thought about just — once you made the decision to weigh in, why not just argue that marriage is a right that should be available to all people in this country?

OBAMA: Well, that’s an argument that I make, personally. The solicitor general, in his institutional role going before the Supreme Court, is obliged to answer the specific question before them. And the specific question presented before the court right now is whether Prop 8 and the California law is unconstitutional.

And what we’ve done is, we’ve put forward a basic principle, which is — which applies to all equal protection cases. Whenever a particular group is being discriminated against, the Court asks the question, “What’s the rational for this? And it better be a good reason. And if you don’t have a good reason, we’re going to strike it down.”

And what we’ve said is, is that same-sex couples are a group, a class that deserves heightened scrutiny, that the Supreme Court needs to ask the state why it’s doing it, and if the state doesn’t have a good reason, it should be struck down. That’s the core principle, as applied to this case. Now, what the — you know, the Court may decide that if it doesn’t apply in this case, it probably can’t apply in any case. There — there’s no good reason for it. That’s — if I were on the Court, that’d probably be the view that I’d put forward. But — but I’m not a judge, I’m the president.

So the basic principle, though, is let’s treat everybody fairly. Let’s treat everybody equally. And — and — and, I think, that the brief that’s been presented accurately reflects our views.

Today, Solicitor General Donald B. Verrilli, Jr., filed a brief on behalf of the United States Government as amicus curiae, or “friend of the Court,” in support of AFER’s Plaintiffs challenging California’s Proposition 8.

The brief urges the Supreme Court to affirm the landmark federal court of appeals ruling that upheld the decision of the federal district court that found Proposition 8 unconstitutional. Read the brief below or download it here.

The Government’s action today is a powerful statement that Proposition 8 cannot be squared with the principles of equality upon which this nation was founded. It is an unprecedented call to action by our Government that it is time to recognize gay and lesbian Americans as full and equal citizens under the law.

AFER looks forward to having Solicitor General Verrilli and the Federal Government by our side as we make the case for marriage equality for all before the Supreme Court.

As President Obama eloquently explained in his recent Inaugural Address:

“Our 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, then surely the love we commit to one another must be equal as well.” 

I hope you’ll support our case with a donation before March 26—when AFER’s legal team, led by distinguished co-counsel Ted Olson and David Boies, will present oral argument before the Court. Click here to make a donation and support our case for full federal marriage equality.

“Now that Mr. Obama has declared that he believes denying gay people the right to wed is not only unfair and morally wrong but also legally unsupportable, the urgent question is how he will translate his words into action. To start, he should have his solicitor general file a brief in the Proposition 8 case being argued before the Supreme Court in March, saying that California’s voter-approved ban on same-sex marriage is unconstitutional.

…

“A strong filing by the Justice Department, forthrightly declaring that denying the freedom to marry violates the Constitution, would put the full weight of the federal government on the side of justice and could influence the shape of the ruling.

…

“Mr. Obama’s Inaugural Address appeared to reflect a deepened understanding that the right to marry the person of one’s choice is a fundamental right “under the law.” He needs to make sure his solicitor general conveys that sound legal view loud and clear in the Proposition 8 case.”

Read the full editorial >

In his landmark Inauguration address, the President eloquently  reaffirmed his support for allowing gay and lesbian Americans the freedom to marry the person they love:

“Our 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, then surely the love we commit to one another must be equal as well.”

The Obama Administration has until February 28 to file a brief.

Here we are at the end of 2012, and after a year of amazing progress we’re closer than ever to full federal marriage equality. Think about where we were a year ago with Prop 8, with DOMA, with marriage laws from state to state. So much has happened since then. So let’s do a quick year-in-review to get you caught up with the progress we made in 2012, and where we’re going to focus in 2013, including which states are the most likely to make headlines in the coming year.

This week on Marriage News Watch: President Obama’s leadership on marriage equality is proving to have a major impact, form national organizations and local polling. Anti-equality forces set a record, but it’s probably not one they wanted. And DOMA is ruled unconstitutional in a fifth federal case.

“With its support for gay marriage, the NAACP has done more than strike a blow for fairness and equality. The nation’s most venerable civil rights organization has made itself relevant again.

“The NAACP’s 64-member board approved a resolution Saturday supporting ‘marriage equality’ not as a matter of empathy or compassion but as a right guaranteed by the 14th Amendment. In citing this rationale, the 103-year-old organization founded by W.E.B. Du Bois firmly linked the campaign for gay rights to the epic African American struggle for freedom and justice.

…

“Those tempted to see the NAACP’s stance as purely symbolic haven’t read the fine print. The resolution commits the organization to ‘oppose any national, state, local policy or legislative initiative that seeks to codify discrimination or hatred into the law or to remove the constitutional rights of LGBT [lesbian, gay, bisexual or transgender] citizens.’”

The NAACP’s support for marriage equality affirms that marriage is a fundamental right protected by the Constitution.

AFER lead co-counsel Ted Olson appeared on Face the Nation to discuss President Obama’s endorsement of marriage equality.

“It’s very important for everyone, Republicans and Democrats alike, liberals and conservatives, to recognize the rights of individuals who love one another to get married and to be respected and be treated with equality and dignity…”

In a roundtable discussion later in the show, Ted said:

“Marriage is a conservative value…People that love one another, that wish to form a stable bond, a part of our economy, a part of our community, that should be a conservative value.”

In this week’s video: Obama endorses marriage equality and we look at what that means for LGBT Americans and for the future. Colorado’s civil unions bill looked dead in the water last week, but this week the Governor’s found a way to give it one last shot at passing in 2012.

Ted Olson, David Boies, and Chad Griffin: Today is a proud day for all Americans

Los Angeles, CA – Today, in an interview with Robin Roberts of ABC News, President Barack Obama announced his support for marriage equality.

“Today is a proud day for all Americans,” said AFER lead co-counsel Theodore B. Olson.  “The bedrock American principles of freedom and human dignity are central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike.  President Obama’s words remind us that marriage and equality are universal values that unite us all.  They remind us that we are all—as a People and a Nation—striving to form a more perfect Union.”

“Today is a great day for the American people as we move one very important step closer toward fulfilling our nation’s founding promise of equality for all,” said AFER lead co-counsel David Boies.  “President Obama has earned yet another place in history for being the first president to support full equality for gay and lesbian Americans.”

“President Obama’s words today will be celebrated by generations to come,” said AFER Board President Chad Griffin.  “For the millions of young gay and lesbian Americans across this nation, their President’s words provide genuine hope that they will be the first generation to grow up with the freedom to fully pursue the American dream.  Marriage—the promise of love, companionship, and family—is basic to the pursuit of that dream.  Our Constitution’s promise, the promise of liberty, is one that every generation must realize.  As President Obama recognized today, the fight to secure marriage equality is the defining element of our generation’s search for greater freedom.”

Press Contact

• Elizabeth Riel 323.892.2081 or elizabeth@afer.org

About the American Foundation for Equal Rights

The American Foundation for Equal Rights is the sole sponsor of Perry v. Brown, the federal constitutional challenge to California’s Proposition 8.  After bringing together bipartisan attorneys Theodore B. Olson and David Boies to lead its legal team, AFER successfully advanced the Perry case through Federal District Court and the Ninth Circuit Court of Appeals.  The Perry case has the distinction of being the first federal freedom to marry lawsuit in American history.  The Foundation is committed to achieving full federal marriage equality.

www.afer.org