SAN FRANCISCO, CA - JUNE 13: A gay pride and an American flag hang from a shoulder bag during a demonstration outside of the Phillip Burton Federal Building on June 13, 2011 in San Francisco, California. Sponsors of Proposition 8, a California ballot measure that would deny same-sex couples to marry in the state, are back in court today to ask a federal judge to nullify U.S. District Judge Vaughn Walker's decision to overturn California's ban on same-sex marriage. (Photo by Justin Sullivan/Getty
(AP) - The Obama administration is asking the Supreme Court to overturn California's ban on same-sex marriage and turn a skeptical eye on similar prohibitions across the country.
The administration says unequivocally in a legal brief filed late Thursday that gay marriage should be allowed to resume in California, where it has been barred since the passage of Proposition 8 in 2008.
It does not explicitly call for marriage equality across the United States but points the court in that direction.
More immediately, the administration's position, if adopted by the court, probably would result in gay marriage becoming legal in seven other states that, like California, give gay couples all the benefits of marriage, but don't allow them to wed.
They are: Delaware, Hawaii, Illinois, Nevada, New Jersey, Oregon and Rhode Island.