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The Prospect for Marriage Equality in 2010

Even though voters in Maine turned back its civil marriage law and Democrat-controlled legislatures in New York and New Jersey failed to secure enough votes for their own civil marriage laws, 2010 begins with new momentum for marriage equality on several fronts. Former Bush Administration Solicitor General Ted Olson is making a strong push for marriage equality at the federal level. In Perry v. Schwarzenegger, Olson is representing two couples who were blocked from getting married because of California's recently passed Proposition 8. Olson, along with top Democrat attorney David Boies, argues that Prop 8 violates the United States Constitution.

The trial, which began on January 11, brought much attention to the subject of children of gay and lesbian families, and why they deserve the same rights as those enjoyed by straight couples. One of the central arguments in passing the restrictions on marriage is that heterosexual couples are best fit to raise families. Boies and Olson tackled that issue head on by using experts who detail the fact that children of same-sex couples show no significant differences than those with straight or single parents.

Another central focus of the case is whether being gay is a choice and that whether restriction on the right of gay and lesbian couples to marry is simply the legalization of social stigmas. This subject is explored in LEF's white papers 'Is It A Choice?: The Science of Sexual Orientation' and 'The Only Question That Matters: Do People Choose Their Sexual Orientation?"

Regardless of who prevails at trial, most legal experts believe the issue will eventually be decided by the United States Supreme Court.

The Conservative Case for Marriage Equality

"As one of the nation's top conservative attorneys, Olson has given added credibility to the case for equal rights in his Newsweek essay "The Conservative Case for Gay Marriage." "Legalizing same-sex marriage would also be a recognition of basic American principles, and would represent the culmination of our nation's commitment to equal rights. It is, some have said, the last major civil-rights milestone yet to be surpassed in our two-century struggle to attain the goals we set for this nation at its formation. This bedrock American principle of equality is central to the political and legal convictions of Republicans, Democrats, liberals, and conservatives alike."

Olson's argument is joined by conservative Fox News Contributor Margaret Hoover. She writes on FoxNews.com, "Some Republicans support gay rights, but prefer progress through legislative action or majority rule at the ballot box, rather than judicial action. But what if a democratic election imposes mandates that violate a citizen's constitutional freedom? In the event that majority rule insufficiently protects individual liberty, our system of checks and balances puts forth that it is the role of the courts, to guarantee and protect the rights to individual Americans."

The Cato Institute, a libertarian think tank, has developed some of the most outspoken arguments for marriage equality. In a column published by the New York Daily News, Cato Chairman Robert Levy writes, "the primary purpose of government is to safeguard individual rights and prevent some persons from harming others. Heterosexuals should not be treated preferentially when the state carries out that role. And no one is harmed by the union of two consenting gay people." Levy is joined by Cato's Executive Vice President David Boaz who details the anti-gay discrimination in many laws in 'Eat, Pray, Love, Marry - as Long as You're Heterosexual.'

Marriage Equality Abroad

Nations across the world are extending rights for gay and lesbian couples. This month, predominately Catholic Portugal became the sixth nation in Europe to enact marriage equality. The action is significant, considering that until 1982, homosexuality was illegal. In Ireland, a nation with a simarly Catholic population, leaders are working to establish civil partnerships that would afford many of the legal benefits of marriage, similar to those established in Britain. Austria's Parliament enacted a civil union law which took effect on January 1st.
In Latin America, Uruguay became the first nation to establish civil unions, though marriage equality still remains illegal in the country. In Argentina a court ruling has allowed the first same-sex marriage, which took place on December 31st. In Mexico City, its city council extended its current civil unions law to provide full marriage rights in North America's largest city.