Gay Rights Issue Thickens as Obama Takes a Stand

The next step in human evolution

In a historic gesture, President Barack Obama has just recommended that the Supreme Court act to repeal California's ban on same-sex marriage via the Proposition 8 ballot measure. The Obama Administration filed a friend-of-the-court brief (read here) that marks the first instance of an American president has called on the justices to increase the rights of gays and lesbians. However, President Obama did not explicitly push for marriage equality under the law as strongly as he did during the January inauguration. This shows that there might still be some hesitation in the government to call for full-out equality for gays and lesbians. Perhaps he is worried about offending some of his constituents?

The Associated Press quotes the administration for writing that "They establish homes and lives together, support each other financially, share the joys and burdens of raising children, and provide care through illness and comfort at the moment of death." It is likely that if the Supreme Court chooses to heed Obama's urgings, then gay marriage would likely become legal in Delaware, Illinois, Hawaii, Nevada, New Jersey, Oregon, and Rhode Island. While the friend-of-the-court briefs cannot force the justices to conform to the president's viewpoints, the justices will more probably keep his words in mind as they hear oral arguments regarding the case.

The New York Times also quotes Attorney General Eric H. Holder Jr. for saying that the brief "seeks to vindicate the defining constitutional ideal for equal treatment under the law." Of course, this is a massive turning point in American politics if the Supreme Court decides to interpret "equal protection under the law" from the Fourteenth Amendment as applying to gays and lesbians who would receive further protection under the Constitution. I am interested in just how the Court interprets the decision with this clause or whether they will choose to ignore it.

Of course, the opposition is not exactly thrilled about this ruling. The Washington Times quotes Tony  Perkins, president of the Family Research Council, for criticizing the president on flip-flopping. He notes that Obama said in the past that gay marriage was "an issue that is going to be worked out at the local level. The National Organization for Marriage has also expressed confidence that Proposition 8 is going to be upheld. Of course, the court ruling has not been made yet. There is time for the justices to change or make up their minds.

So how do you feel about this? Most probably support Obama's decision since Gallup had a poll that said most Americans supported gay rights. Are there any political reasons why Obama should not have supported gay marriage during this time? How much influence do you feel this will have on the justices? And how close do you feel the vote will be?