The Battle Within: Gay Marriage

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By Dena Bez

The Battle Within: Gay Marriage
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The Battle Within: Gay Marriage

The Divisive Issue Of Gay Marriage

The Gay Marriage debate is one of the most controversial wedge issues found in politics today. The gay marriage debate wedges conservatives against liberals and the religious against the more secular members of society. But battles over gay marriage are not just being fought between those for and against gay marriage itself. There is currently a battle waging within groups that actively advocate for gay marriage. The battle is simple: should gay marriage be instituted nationwide quickly or should it be instituted slowly state by state. This is the battle within the LGBT Community.


California Voters Overwhelmingly Voted To Ban Gay Marriage
California Voters Overwhelmingly Voted To Ban Gay Marriage
Boies And Olsen Have Taken The Case To The United States Supreme Court Despite The Objections Of Many Gay Rights Groups
Boies And Olsen Have Taken The Case To The United States Supreme Court Despite The Objections Of Many Gay Rights Groups

The Battle To Change The Law Quickly

The story begins in California dealing with the aftermath of California voters overwhelmingly passing Proposition 8 last November. Proposition 8 was an initiative to amend the California State Constitution to define marriage solely to be between a man and a woman thereby banning gay marriage. The Proposition was put on the ballot after the California Supreme Court ruled that banning gay marriage was unconstitutional.


In May of this year, a lawsuit was filed in Federal Court claiming that Proposition 8 violated the due process clause and the equal protection clause of the Federal Constitution. The lawsuit is Perry v. Schwarzenegger.The suit was filed on behalf of two gay couples. The couples are represented by Theodore Olson and David Boies who notably faced off against each other in the case of Bush v. Gore before the United States Supreme Court. Once rivals, the two have teamed up to overturn Proposition 8 as unconstitutional.


Their goal is to have the United States Supreme Court rule that banning gay marriage violates the Federal Constitution. Olsen, who defended George Bush before the Supreme Court and who labels himself a conservative, states that the issue is a matter of civil rights and dignity. If successful, the case will forever answer the question of whether the ban on gay marriage is Constitutional or not.


Many In The Gay Community Believe A State By State Approach Is A More Effective Means To Change Public Opinion
Many In The Gay Community Believe A State By State Approach Is A More Effective Means To Change Public Opinion
These Groups Fear That A Back Lash Against Gay Rights Will Have Terrible Consequences
These Groups Fear That A Back Lash Against Gay Rights Will Have Terrible Consequences

The Battle Within

While Olsen and Boies’ motives may be noble, many proponents of gay marriage are not pleased with their efforts. Many gay rights groups including the Lambda Legal, Gay and Lesbian Advocates & Defenders and the National Center for Lesbian Rights oppose the filing of a federal case in an attempt to quickly bring change to the status of gay couples across the Country. They cite to the Supreme Court’s history of failing to get far ahead of public opinion or the law of the majority of states across the Country as evidence that seeking a Supreme Court ruling may have terrible consequences. They are worried that trying to change things quickly will cause a rush of judgment by the Supreme Court that will bring a ruling that will be a difficult obstacle for gay rights advocates to overcome in the future.


Instead, many gay rights groups advocate a slower and more methodical approach to change public opinion and eventually change the law. They argue that the proponents of gay marriage should be patient and fight the battle state by state; concentrating on states where public opinion is already in their favor and where they have the best chance of winning. These groups believe that this approach will slowly change the law while not creating a backlash against gay rights as seen in California.


 

In The End A Moderate Approach Is Most Likely Best
In The End A Moderate Approach Is Most Likely Best

What Is The Best Approach?

Both approaches have merit. If this truly is an issue of civil rights then going to Federal Court to have the Supreme Court rule on this issue makes sense. However, the opponents of this approach also make good points in terms of public opinion. If the Supreme Court makes a ruling, there will be backlash either way, most likely harming the goals of gay rights advocates. The best approach is most likely a combination of the two.


 

Disclaimer

Dena Bez is a licensed California Attorney whose practice focuses on family law including divorce, custody disputes, domestic partnership issues and estate planning.

This Article is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using the article or the information contained in the article you understand that there is no attorney client relationship between you and the publisher. Any information in the article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.



Comments

1equalityUSA 2 years ago

Part of me thinks that this case will be like shooting fish in a barrel when Mr. Olson and Mr. Boise presents our case. The other part of me has me wondering if this "experiment" of the United States is all a lie. If Mr. Olson and Mr. Boise do manage to put a stop to this heinous inequality, we in the gay community should build statues, write essays, paint meaningful art, write poem, make films, and have their photographs framed and up in all of our homes, like those of Kennedy and of King. I'm not convinced that the dread four on the Supreme Court would rule in favor of inequality. What would make it really powerful is if all nine unanimously voted for equal protection under the law. That would clam those NOM-skulls up once and for all. Then the NOM-skulls would turn their eyes to some other "undesirable" that they deem unworthy.

Dena Bez profile image

Dena Bez Hub Author 2 years ago

Good points all, thanks for reading.

1EqualityUSA 2 years ago

Can't you just see Maggie Gallagher during the Salem witch trials, standing in judgement over some victim du jour with her long sleeved, walnut juice dyed, black Pilgrim's dress, save the white collar and cuffs? Her puritanical expression, worn loosely over too tight facial muscles, is a face that has appeared to many throughout the centuries only now, she is the one donning the face of the unmerciful inquisitor. Those who felt it was their calling to burn witches in Salem were so convinced that what they were doing was correct and in line with God's wishes. Little did they know it was a fungus growing in the wheat that caused these "devilish" seizures. The religious hysteria that ensued, due to these ergot poisonings, lead to the deaths of many, in the name of God, of course. For all the pain she's caused, for all of the slanderous accusations of bestialitypolygamypedophilianecrophiliaburglary and any other negatives conjured up to supplement their weak case against our community, she and her brood will be held accountable. Both gay and straight people need to stand up to these hypocrites. Today gays are the target, tomorrow it's whomever else is deemed, "undesirable".

Dena Bez profile image

Dena Bez Hub Author 2 years ago

Thanks for the comment.

John 2 years ago

Gay marriage is completely and utterly wrong! Ban it!

Dena Bez profile image

Dena Bez Hub Author 2 years ago

And what exactly makes it wrong?

Thanks for reading

dominicanjoe27 profile image

dominicanjoe27 21 months ago

it is evident that nature states that only a man and a woman can procreate and gays cannot unless they have heterosexual sex with someone of the opposite sex. Therefore as you can see only a man and a woman can have children as God and the Bible states. This is ridiculous this shouldn't even be an issue. Been gay is a lifestyle which people choose to practice they do not need no laws or marriages licenses they should just live their lifestyle or try to find God or pray to God to take those homosexuals feelings away and make them heterosexual because those feelings are deceptions of the devil. either way marriage is for a man and a woman anything else is proven to be just a lifestyle and nothing more.

Dena Bez profile image

Dena Bez Hub Author 21 months ago

Nothing is proven, except for the fact that you are intolerant and ignorant. But thanks for the comment.

TARDIS 6 weeks ago

Ah people people...so fearful. Last I checked dualing swords never create and two holes never make a child. So lets think for a second. Some say "Oh its how they are born." Hmmm I'll take the non religous argument of evolution. Now lets think a trait that makes you like a mate that won't produce offspring is a failed trait correct? If I can't have children then I can't pass my ideas, beliefs or anything correct? Still I hear. "They can always adopt!" True they can still where the hell was adoption 2,000 years ago? I mean in all honesty the whole adoption thing took years to build by people whom are wait a minute....people of faith? So bashing christian, muslims or Jews is bad I mean they built adoption places to help children. Then I hear. "Well I want to be gay and I can't stand it how I can't be gay in this state or nation!" Hmmm you know when I don't want something or don't like something what do I do......Oh yeah thats right leave! I mean if you really like that person why not move to a place that respects your ideas instead of staying in the same place battling it out how you want your way when people clearly don't agree with you. "Well if you don't agree or tolerate gays you hate people you are no better than the Nazis." I love how people clearly hate and say "YOUR WRONG" when you don't agree. I didn't vote for Obama. Does that make me a racist? Soo many people thought that until, I explained I didn't like his polices in all honesty he could be purple I don't care. (besides my gf is black.)Then I hear. "Some people can't resist liking the same sex." Really? Are you sure its not cause pop culture conditions homosexuality? Lets think for a moment some guys like to play D&D, collect comics and just hang out with guys....so are they gay? Maybe thats what people would say they are not talking about banging girls 24/7 or sports or other sterotypical guy stuff. So Bill Gates is gay, Edison was gay and all these others it could possibly be they were just too shy to talk to girls could it? So what do people say "your clearly gay you like the company of men more then women you should expirement." So what happens to our nerdy friend? He tries it and since the word gets out like wildfire thanks to facebook, twitter, youtube or hell even this site the boy is looked down teased and now girls really don't want him cause they want a boy who likes girls. Cause....wait for it....wait for it....here it comes... THEY WANT A RELATIONSHIP WITH A MAN WHO LIKES GIRLS. Then I hear. "Men are pigs!" Or "Women just don't understand men, same sex couples understand each other better!" Okay would you agree boys and girls are different both sexually and in the chemicals of their brains. We like different not the same...I have never seen on TV, SAME OLD STUFF AGAIN AT MCDONALDS!! *And I use Mcdonalds cause they always have loud and just strange ways to advertise.* No they say. NEW HAMBURGER! Okay so girls think different from boys and boys think differently from girls. Is it cause things won't get stale in terms of conversation or maybe be cause each brain and body is designed to different tasks. If a boy cries think what a grown man would do then a girl. Now replace it with a girl. 9 times out of 10 depending on the gender of the person crying and age and the gender and age of the person trying to help that person crying. You'll always see a unique welling working combination on how a girl can comfort a man and a man can comfort a girl. So two different genders can help each other better because they won't always agree what the other person of the other gender says, cause they chemically think differently. A yes man never helps design a new lightbulb he needs people to tell him where he has failed or has corrected a problem. So I hope you read this sat down and thought alil more be sure to always think before jumping on a bandwagon. Till Next in TIME AND RELATIVE Dimension In Space...TARDIS out.

Dena Bez profile image

Dena Bez Hub Author 3 weeks ago

Thanks for the comment.

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