The R&R Conveyed By Legalized Same Sex Marriage
The executive director of a non profit organization
that's been campaigning since 2003 to end exclusion of same sex couples
from what it says are the 'the rights and responsibilities conveyed by
legal marriage' said a Tuesday resolution by the American Bar
Association "signals a growing consensus" among the nation's lawyers
that "marriage is a fundamental right that belongs to every citizen."
"Freedom
to Marry' founder, civil rights attorney Evan Wolfson, said in a
statement that the ABA has "strongly declared that there is no good
reason to continue excluding same sex couple from marriage."
In
its resolution, ABA urges, "state, territorial and tribal governments
to eliminate all of their legal barriers to civil marriage between two
person of the same sex who are otherwise eligible to marry."
The
resolution comes just a week after a federal judge in San Francisco
struck down California's Proposition 8 as unconstitutional. The
California ruling has opened up a Pandora's box of both supporting and
opposing opinions on whether or not same sex marriage is a
constitutional right.
For example, Rep. Lamar Smith of Texas,
who participated at a press conference organized by a few Senate
Republicans in Washington Wednesday signaled many in his party are
taking the Court ruling by an openly gay judge into the political arena.
Smith said "It simply doesn't get much worse than this: you
have a biased judge imposing his personal views contrary to the wishes
of the majority of the people of the state."
Of the ABA
resolution, Doug Napier, an attorney with the conservative Alliance
Defense Fund told 'One News Now' that "once again the American Bar
Association is purporting to represent American lawyers, when in fact
they only represent about a quarter of American lawyers,"
With
its 400,000 members, ABA provides law school accreditation, continuing
legal education, information about the law, programs to assist lawyers
and judges in their work, and initiatives to improve the legal system
for the public.
Founded in 1881, the ABA was founded by one
hundred lawyers from 21 states who had gathered in Saratoga Springs,
N.Y.
In just under 130 years ago, ABA grew into the nation's
largest voluntary professional organization. The resolution on same sex
marriage was approved by the 560-member ABA House of-Delegates during
its annual meeting held this month in San Francisco.
The
resolution's lead sponsor was the New York State Bar Association under
auspice of the ABA's Section on Individual Rights and Responsibilities.
Created in 1966, soon after a number earth moving court rulings related
to the civil rights movement, the ABA 'Section of Individual Rights and
Responsibilities' provides leadership within the ABA and the legal
profession in protecting and advancing human rights, civil liberties,
and social justice
The full resolution approved Tuesday states
that "the assertion that separate systems for classes of citizens can
satisfy constitutional equality guarantees, as long as identical legal
rights are conferred, invokes the long-repudiated reasoning in the court
case Plessy v. Ferguson.
In that case, the Court upheld
separate railway cars for African-Americans because "when the
government... has secured to each of its citizens equal rights before the
law, and equal opportunities for improvement and progress, it has
accomplished the end for which it was organized. However, as our
constitutional tradition and history has made clear, only full marriage
equality comports with our constitutional standards that separate is not
equal.
With that, ABA says see Brown v. Board of Ed., 347 U.S.
483 (1954).











