The Presidential Candidates on Gay Marriage in Wake of the California Supreme Court’s Recent Decision
Recent headlines across the country announced that the ban on same-sex marriages in California has been overturned by the California Supreme Court, paving the way for many couples to legally marry in the state. Following the court ruling, several celebrities, including Ellen DeGeneres, announced that they would be soon tying the knot with long-time partners.
California is the second state to legalize same-sex marriages, the first being Massachusetts. In a 4-3 ruling, the California Supreme Court found that two laws which prevented same-sex couples from marrying were unconstitutional and discriminatory because they limited marriage to opposite-sex couples.
Gay and Lesbian civil rights activists celebrated the decision as a huge victory in their four-year legal battle for equal rights, but the celebration could be short-lived. Opponents of same-sex marriage have vowed to continue the fight and will push for a November vote on a constitutional amendment that could override the California Supreme Court's decision, according to a report by the San Diego Union Tribune.
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Gay Marriage as a Campaign Issue
The California Supreme Court decision re-fueled the issues of gay marriage on the campaign trail.
Republican Party presidential nominee John McCain does not support gay marriage although he does not support a constitutional amendment to ban same-sex marriages. He recently appeared on the Ellen DeGeneres show and explained that he believes that marriage should only be between opposite-sex couples, but wished DeGeneres much happiness with her relationship. DeGeneres lightened the tense moment by asking McCain to walk her down the aisle at her wedding.
On the flip side of things, the likely Democratic Party presidential nominee, Barack Obama also does not support gay marriage. However, Obama's campaign released a statement after the California Supreme Court ruling that said that the Democratic candidate has always believed that same-sex couples should have the same rights under the law and that as president he will fight for civil unions. He is said to respect the California Supreme Court's decision and believes that states should make their own laws concerning gay marriages.
Senator Hillary Clinton, also a presidential hopeful at the moment, does not support gay marriage but does believe that civil unions should be permitted for gay and lesbian couples.
Other Issues Taking Priority
With many other weighty issues on the table, such as immigration reform, the Iraq war and the economy, the issue of gay marriage may not be such a hot topic during the elections. Also, since neither the likely Republican or Democrat nominees support gay marriage, there is little for them to debate.
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What about Gay Divorce?
One problem that arises out of gay marriages, as we have seen with same-sex marriages from Massachusetts, is that if the couple later wishes to divorce, in some cases they are required to divorce in a state that recognizes gay marriage. If gay couples who are married in Massachusetts or California move into a state that does not recognize gay marriage and they then want to divorce, it can be problematic. Since states that do not recognize gay marriage usually not grant a divorce to same-sex couples, one of the parties must return to the state in which the marriage took place, establish residency and then file for a divorce or find a state such as New York, which does not have a problem granting divorces to same-sex couples.
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