The Obama Administration filed a brief Thursday evening urging the Supreme Court to declare unconstitutional Proposition 8, California's voter-approved ban on same-sex marriage.
But the brief stopped short of explicitly endorsing a federal constitutional right to same-sex marriage.
"Proposition 8's denial of marriage to same-sex couples, particularly where California at the same time grants same-sex partners all the substantive rights of marriage, violates equal protection," the Justice Department brief declares. "Prejudice may not...be the basis for differential treatment under the law."
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