Divorce Mediation Blog

Marriage Equality: Politics and Supreme Court Briefs

Wednesday, March 06, 2013

As Massachusetts lawyers, we have prided ourselves by association with the SJC’s Goodridge v. Department of Public Health decision. For the people directly involved in the battles for gay and lesbian rights, progress from then until now has probably seemed to be painfully slow; but to those of us not on the front lines, perhaps bearing in mind the historical path of previous civil rights aspirants like African Americans and women, it can seem breathtakingly fast -- and that is good.

We have previously blogged about the federal Defense of Marriage Act (DOMA), and the utter indefensibility of congressional authorization to pay for its defense before the United States Supreme Court. More recently, and more happily, we discussed the 2012 elections, in which three states broke new ground with statewide electoral victories for marriage equality. The whiff of inevitability that last November was advanced further last week, when the Department of Justice filed briefs not only in support of DOMA’s demise, but also in support of striking California’s Proposition 8 ban of same sex marriage.

How remarkable is that? A presidential administration supporting constitutional attack on legislation signed by the last president from his own party; then filing a brief on what is ostensibly a purely state matter where the government is not even a party; all following closely on the heels of the abolition of “don’t ask, don’t tell.” It may seem less surprising after the President’s second inaugural address and the views that he espoused during the 2012 election (doesn’t it seem like eons since Vice-President Biden outed the President, intentionally or otherwise?), but isn’t this the same President who comforted some by declaring his personal view that marriage is between a man and a woman, just 4 years before?

Regardless of what the Supreme Court rules this year, once civil rights movements take hold in this country they tend to go generally in one direction. With marriage equality beginning to take hold with the electorate in November, more so in the popular opinion polls since, and with the cause now being re-cast by a growing minority of conservatives thinkers as their own, the inevitable end looms closer.

From Justice Marshall to Ted Olson to President Obama, that is something for which we can all be proud and grateful.

Get e-mail notifications of new blog posts! Enter email address below.:

Delivered by FeedBurner

other articles

recent posts


COLA med/arb Massachusetts divorce lawyers divorce mediations med-arb family law arbitrators lawyer divorce and family law special master Self-adjusting alimony orders alimony law resolve disputes divorce mediators self-adjusting alimony Levine Dispute Resolution General term alimony divorce arbitrators The Seven Sins of Alimony mediations Alimony Reform Act divorce mediator Uniform Arbitration Act divorce lawyers Massachusetts Lawyers Weekly divorce mediation Massachusetts alimony and child support divorce judgment Massachusetts alimony medical benefits Divorce SJC private dispute resolution lawyers family mediation Cohabitation how baseball arbitration works litigation Levine Dispute Resolution Center Major League Baseball Arbitration Massachusetts Alimony Reform Act family and probate law disputes Levine Dispute Resolutions Obamacare divorce and family law mediators divorce arbitration child support alimony reform legislation mediator LDRC high-risk methodology Baseball Arbitration Massachusetts rehabilitative alimony Child Support Guidelines family law Baseball Chouteau Levine divorce arbitrator DOMA lawyer-attended mediation divorce litigation Baseball Players Boston health coverage arbitrators family support Defense of Marriage Act health insurance MLB labor agreement Twinkies Divorce Agreements annulment alimony orders divorce process traditional negotiations IRC §2704 Family Law Arbitration pre-ARA alimony dispute resolution family law arbitrator Massachusetts lawyers conciliation arbitrator fraud mediation disputes separation support orders alimony statute family law mediation Levine Dispute Resolution Center LLC Massachusetts divorce mediators Same Sex Marriage divorced arbitration Matrimonial Arbitration divorce agreement alimony facilitated negotiations mediators