Homosexuality is the now becoming more and more common. Though it is been practicing as taboo in almost all states of America and Europe yet this phenomenon is at its peak of popularity. In some states of America, the marriage between homosexuals is being allowed even after facing the great resistance by some conservative groups. The matter after passing from the lower courts is now being address by the Supreme Court. The opponents of the gay marriage right include some of the republicans and some of those who have had a bitter experience of the homosexual relationship. The conservationists are commendably argued by the 278 businesses and organizations who comment on maintaining the separate tax records under DOMA, which was passed in 1996 which allow states to pass laws on their own without any interference from the federal government. As America is on its verge for the struggle of civil rights, there exists so many supporters who want it a personal right to decide the partner of life, i.e. either gay or lesbian or heterosexual.
Recent pleasure for the campaigners of homosexuality was the muffled affirmation of the American President Barak Obama in which he expressed that he personally thinks that, same sex marriages should be allowed. Mr. President not only has given the fight for homosexuality a place into the struggle for civil rights but also associated the same sex marriages with the law as he said “our journey is incomplete until the homosexuals are to be treated as anyone else according to the law”. The California’s proposition 8 (a legal state choice as passed by the simple ballot of 52% of the vote) and Section 3 of Federal Defense of Marriage Act both will be addressed in the Supreme Court. Thought the Proposition 8 that banned same sex marriages in the state of California has already been rejected by the initial trial courts yet still survived due to the judicial system. Section 3 of Federal Defense of Marriage Act denies the federal benefits and tax breaks of the same sex couples. Though the Obama administration do supported DOMA but the most important advancement was that the President asked the court to channelize the Prop 8. Most of the states i.e. 38 of USA have banned the same sex marriages and do apply the Proposition 8 to enforce the law over that critical issue of civil rights. Washington and 8 other states allow the gay and lesbian marriages.
Gay marriage may be allowed again (as remained allowed for 5 months only), to the state due to recent advancement of the California in Supreme Court saying that the defenders of Prop 8 have not any legal standings to oppose the equal protection clause of the 14th amendment of this constitution. One of the lower court struck down the Prop 8 by 2-1 saying it is against the dignity of homosexuals men and women as it was previously allowed right. This could also be a useful point for the Supreme Court verdict. The rapid public support for gay marriage can be estimated by the first four ballot victories of the campaigners. Though the White House brief is a heavy vote, but according to a blog SCOTUS the reference of Justice Anthony Kennedy quoted in the brief is still forceful. The careful reading of the brief gives the crux that the states either allow gay marriage or do give legal recognition to same sex unions. In other words, forget about the civil unions or domestic partnerships at all. SCOTUS blog denies the possibilities of extending this idea to other states with gay marriage ban. The Supreme Court may reject the White House’s opinion or others filers but also can follow the lower courts reasoning to struck down Proposition 8.
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