Same-Sex Marriage Making Strides
Many Americans currently oppose same-sex marriage, but the trend is towards increasing acceptance. A recent poll found that 40 percent of Americans support marriage for same-sex couples.

August 27, 2009 /24-7PressRelease/ -- Same-Sex Marriage Making Strides

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Many Americans currently oppose same-sex marriage, but the trend is towards increasing acceptance. A recent Gallup poll found that 40 percent of Americans support marriage for same-sex couples. However, the poll found that 55 percent of Democrats and 59 percent of 18- to 29-year olds think same-sex couples should be permitted to marry.

The momentum appears to be on the side of those pushing for the legalization of same-sex marriage. Same-sex marriage was made legal in the past year in Iowa, Vermont, Connecticut, Maine and New Hampshire. The District of Columbia city council voted last spring to recognize same-sex marriages performed in those states where the unions are legal. The New York State Assembly also passed a bill this year to legalize same-sex marriage, but it faces an uncertain future in the state Senate.

California's Supreme Court backed a ban on gay marriage this year, upholding a voter-approved proposition, which defined marriage as between a man and a woman. Ted Olson and David Boies, the lawyers who opposed each other in the 2000 U.S. presidential election recount, have filed a lawsuit on behalf of two gay couples seeking to marry in California. They argue that the ban violates federal anti-discrimination protections.

One obstacle in the way of equality is the 1996 Defense of Marriage Act (DOMA). DOMA is a federal law that makes it illegal for the U.S. government, as opposed to individual states, to recognize same-sex couples as married. Former President Clinton, who signed DOMA in 1996 and opposed same-sex marriage during his presidency, has now come out in support of it. Clinton joins several prominent Democrats who have recently switched their position on the issue. Former Democratic National Committee Chair Howard Dean, New York Senator Charles Schumer, New Jersey Governor Jon Corzine and Connecticut Senator Christopher Dodd now support same-sex marriage.

President Obama recently made it clear that he favors the repeal of DOMA and that he intends to ask Congress to repeal this law, which denies benefits to domestic partners of federal employees and permits states to reject same-sex marriages performed in other states. President Obama has long opposed DOMA, which he has called discriminatory. However, his Justice Department has angered the gay community by defending the law in court.

There are plenty of reasons for gay marriage advocates to be hopeful, even if experience has taught them to temper their expectations. At the recent confirmations hearings for new Justice Sonia Sotomayor, same-sex marriage barely even surfaced in the questioning, despite the recent history of socially conservative senators interrogating nominees about their views on this issue.

Legal issues relating to marriage and family can be complex. If you need advice regarding your legal options, contact an attorney to protect your legal rights.

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