The Obama administration is asking the Supreme Court to overturn California's ban on gay marriage and take a skeptical view of similar bans across the country.
That's according to person familiar with the administration's friend-of-the-court filing in the California case.
The administration argues that denying gays and lesbians the right to marry violates the Constitution's Equal Protection Clause.
The brief also contends that discrimination based on sexual orientation requires extra scrutiny by the court.
The brief will be filed later Thursday, the deadline for in the case.
The person familiar with the brief spoke on anonymity in order to discuss the document before it was filed.