The topic of gay marriage being a constitutional right has been going on for many years now; with firm believers on both sides of the spectrum fighting for the position they believe to be right. There are activists who believe that human beings are free to love whomever they choose and as a result they deserve the same rights to marry and enjoy the benefits that married couples can experience that domestic partnership status cannot offer them. At the same time, there are people on the other side who believe that marriage ought to remain the way it is—between one man and one woman; with no exceptions. This topic is often the focus in the political realm as many people re seeking reform in our ever changing society.
As many would agree up until this point, the Republican party is more often known as being the conservative members of the U.S. and therefore is more likely to not be in favor of gay rights; however this too is changing. According to recent news reports, more and more officials of the Republican party are jumping on the bandwagon of gay rights and reform in their country. There are now over two dozen Republican officials who are joining the brief that was written in support of gay rights that will be presented to the Supreme Court.
This brief is addressing the issue that while Obama is in favor of same sex marriages, he is still giving each individual state the ability to determine whether or not they can marry, rather than making it federal legislation. The White House is being asking to consider making gay marriage a constitutional right, therefore meaning that it would be legalized nationwide, as opposed to per state. Many high up officials are a part of this list, including many people who were either silent on the matter or altogether against gay rights in the past. An advisor to Mitt Romney is included in this list along with a Representative who in the past was an activist in Washington seeking to ban gay marriage and protect the Defense of Marriage Act that was established in 1996.
Former chairman of the Republican national Committee, Ken Mehlman is the organizer of this brief, as he himself is gay and believes in fighting for rights in marriage. This brief will be filed in the Supreme Court as a means of overturning the Proposition 8 law that banned gay marriage in California back in the 2008 election. At the same time the court will be hearing a request that seeks to entirely remove the Defense of Marriage Act which essentially claims that a legal marriage is only for a man and a woman.
Obama has instructed the judicial court not to defend the Defense of Marriage Act, as he too is in favor of it being removed and officially declared as being unconstitutional. However, in order rot keep the playing field fair, Obama has given the Republican party the authorization to use tax dollars in order to defend keeping the law in place. House speaker, John A. Boehner, states that while he is not in favor of same sex marriage, it is up to the Supreme Court to determine whether a law in unconstitutional, not the presidential administration. Those in favor of same sex marriage argue however, that having this law removed would in essence make the states a more fair ground for gays. Because it is not fair, and essentially is an act of discrimination to the gay people, to allow certain states to honor same sex marriage, while others deny it.
In regards to the brief that has been signed by numerous Republican officials, it is stated that the Obama administration has been much stricter with Prop 8, and they have placed a deadline on the brief being filed by Thursday. Gay right activists, and even those in the government claim that times are changing, and people have the right to love whom they so please. While the outcome of this political situation may still be uncertain, there are still very present issues regarding gay rights and marriage even statewide. For this reason, there are many family attorneys who have specific experience in the areas of domestic partnerships, gay marriage and divorce, and the like. And if you are currently in need of legal representation in any matters of family law, find a family lawyer in your area today who can walk with you through the process.