At least four Supreme Court justices appear to think not, signaling they would strike down DOMA’s marriage definition for being unequal treatment. Justice Anthony Kennedy also criticized the law, but focused on whether Congress had the authority to pass it.
The president, who has said he personally supports marriage equality, has never said whether he believes the Constitution requires it. Supreme Court briefs supporting the challenge to Proposition 8 are due Feb. 28.
“I have to make sure that I’m not interjecting myself too much into this process, particularly when we’re not a party to the case,” Obama said Wednesday. If the administration weighs in, it will have to come by Feb. 28.