WASHINGTON — Dozens of prominent Republicans — including top advisers
to
former President George W. Bush, four former governors and two members
of
Congress — have signed a legal brief arguing that gay people have a
constitutional right to marry
--
it was just a matter of time.

On Feb 27, 5:49 am, "majors.bruce" <[email protected]> wrote:
> Its funny.  I remember when I was a major Democratic donor and went to the
> Los Angeles Democratic Party nominating convention of Al Gore in 2000.  It
> was the beginning of the Democratic Party's milking gays for donations,
> while doing very little for them, mainly just talking about the issue
> slightly more than the GOP.  (Every independent party from Greens to
> Libertarians were and remain far ahead of the Democrats on these issues.)
> We had our own gay donor sky box, and exclusive parties with Ellen Degeners
> and Anne Heche etc.
>
> But when the cameras rolled party officials came around and told everyone
> to out down any rainbow flag or pink triangle banner that voters watching
> TV might see.
>
> Republicans Sign Brief in Support of Gay Marriage
> <http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
>
> *Right to Marry:* Margaret Hoover, a Republican strategist, speaks about
> why she wants her party to support gay marriage.
> By SHERYL GAY 
> STOLBERG<http://topics.nytimes.com/top/reference/timestopics/people/s/sheryl_g...>Published:
> February 25, 2013 778
> Comments<http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
>
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> WASHINGTON — Dozens of prominent Republicans — including top advisers to
> former President George W. Bush, four former governors and two members of
> Congress — have signed a legal brief arguing that gay people have a
> constitutional right to marry, a position that amounts to a direct
> challenge to Speaker John A.
> Boehner<http://topics.nytimes.com/top/reference/timestopics/people/b/john_a_b...>
> and
> reflects the civil war in the party since the November election.
> Related
>
>    - Times Topic: Same-Sex Marriage, Civil Unions, and Domestic
> Partnerships<http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_s...>
>
> Related in Opinion
>
>    - Taking Note: Republicans Against Proposition
> 8<http://takingnote.blogs.nytimes.com/2013/02/26/republicans-against-pr...>
> (February
>    26, 2013)
>
> Enlarge This 
> Image<http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
> <http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
> Charles Dharapak/Associated Press
>
> Jon M. Huntsman Jr., who opposed same-sex marriage during his 2012
> presidential bid, signed the brief.
> Enlarge This 
> Image<http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
> <http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
> Stephen Lam/Reuters
>
> Meg Whitman supported Proposition 8 when she ran for California governor.
> Readers’ Comments
>
> Readers shared their thoughts on this article.
>
>    - Read All Comments (778)
> »<http://www.nytimes.com/2013/02/26/us/politics/prominent-republicans-s...>
>
> The document will be submitted this week to theSupreme
> Court<http://topics.nytimes.com/top/reference/timestopics/organizations/s/s...>
> in
> support of a suit seeking to strike down Proposition
> 8<http://topics.nytimes.com/top/reference/timestopics/subjects/c/califo...>,
> a California ballot initiative barringsame-sex
> marriage<http://topics.nytimes.com/top/reference/timestopics/subjects/s/same_s...>,
> and all similar bans. The court will hear back-to-back arguments next month
> in that case and another pivotal gay rights case that challenges the 1996
> federal Defense of Marriage Act.
>
> The Proposition 8 case already has a powerful conservative supporter:
> Theodore B. Olson, the former solicitor general under Mr. Bush and one of
> the suit’s two lead lawyers. The amicus, or friend-of-the-court, brief is
> being filed with Mr. Olson’s blessing. It argues, as he does, that same-sex
> marriage promotes family values by allowing children of gay couples to grow
> up in two-parent homes, and that it advances conservative values of
> “limited government and maximizing individual freedom.”
>
> Legal analysts said the brief had the potential to sway conservative
> justices as much for the prominent names attached to it as for its legal
> arguments. The list of signers includes a string of Republican officials
> and influential thinkers — 75 as of Monday evening — who are not ordinarily
> associated with gay rights advocacy, including some who are speaking out
> for the first time and others who have changed their previous positions.
>
> Among them are Meg Whitman, who supported Proposition 8 when she ran for
> California governor; Representatives Ileana Ros-Lehtinen of Florida and
> Richard Hanna of New York; Stephen J. Hadley, a Bush national security
> adviser; Carlos Gutierrez, a commerce secretary to Mr. Bush; James B.
> Comey, a top Bush Justice Department official; David A. Stockman, President
> Ronald Reagan’s first budget director; and Deborah Pryce, a former member
> of the House Republican leadership from Ohio who is retired from Congress.
>
> Ms. Pryce said Monday: “Like a lot of the country, my views have evolved on
> this from the first day I set foot in Congress. I think it’s just the right
> thing, and I think it’s on solid legal footing, too.”
>
> Jon M. Huntsman Jr., the former Utah governor, who favored civil unions but
> opposed same-sex marriage during his 2012 presidential bid, also signed.
> Last week, Mr. Huntsman announced his new position in an
> article<http://www.theamericanconservative.com/articles/marriage-equality-is-...>
> titled
> “Marriage Equality Is a Conservative Cause,” a sign that the 2016
> Republican presidential candidates could be divided on the issue for the
> first time.
>
> “The ground on this is obviously changing, but it is changing more rapidly
> than people think,” said John Feehery, a Republican strategist and former
> House leadership aide who did not sign the brief. “I think that Republicans
> in the future are going to be a little bit more careful about focusing on
> these issues that tend to divide the party.”
>
> Some high-profile Republicans who support same-sex marriage — including
> Laura Bush, the former first lady; Dick Cheney, the former vice president;
> and Colin L. Powell, a former secretary of state — were not on the list as
> of Monday.
>
> But the presence of so many well-known former officials — including
> Christine Todd Whitman, former governor of New Jersey, and William Weld and
> Jane Swift, both former governors of Massachusetts — suggests that once
> Republicans are out of public life they feel freer to speak out against the
> party’s official platform, which calls for amending the Constitution to
> define marriage as “the union of one man and one woman.”
>
> By contrast, the brief, shared with The New York Times by its drafters,
> cites past Supreme Court rulings dear to conservatives, including the
> Citizens United decision lifting restrictions on campaign financing, and a
> Washington, D.C., Second Amendment case that overturned a law barring
> handgun ownership.
>
> “We are trying to say to the court that we are judicial and political
> conservatives, and it is consistent with our values and philosophy for you
> to overturn Proposition 8,” said Ken Mehlman, the former chairman of
> the Republican
> National 
> Committee<http://topics.nytimes.com/top/reference/timestopics/organizations/r/r...>,
> who came out as gay several years ago. He is on the board of the American
> Foundation for Equal Rights <http://www.afer.org/>, which brought the
> California suit, and has spent months in quiet conversations with fellow
> Republicans to gather signatures for the brief.
>
> In making an expansive argument that same-sex marriage bans are
> discriminatory, the brief’s signatories are at odds with the House
> Republican leadership, which has authorized the expenditure of tax dollars
> to defend the 1996 marriage law. The law defines marriage in the eyes of
> the federal government as the union of a man and a woman.
>
> Polls show that public attitudes have shifted drastically on same-sex
> marriage over the past decade. A majority of Americans now favor same-sex
> marriage, up from roughly one third in 2003.
>
> While Republicans lag behind the general population — the latest New York
> Times survey found a third of Republicans favor letting gay people marry —
> that, too, is changing quickly as more young people reach voting age.
> Several recent polls show that about 70 percent of voters under 30 back
> same-sex marriage.
>
> “The die is cast on this issue when you look at the percentage of younger
> voters who support gay marriage,” said Steve Schmidt, who was a senior
> adviser to the 2008 Republican presidential nominee, Senator John McCain of
> Arizona, and who signed the brief. “As Dick Cheney said years ago, ‘Freedom
> means freedom for everybody.’ ”
>
> Still, it is clear that Republican backers of same-sex marriage have yet to
> bring the rest of the party around to their views. Mr. Feehery said there
> are regional as well as generational divisions, with opposition especially
> strong in the South. Speaking of Mr. Boehner, he said, “I doubt very
> seriously that he is going to change his position.”
>
> Experts say that amicus briefs generally do not change Supreme Court
> justices’ minds. But on Monday some said that the Republican brief, written
> by Seth P. Waxman, a former solicitor general in the administration of
> President Bill Clinton, and Reginald Brown, who served in the Bush White
> House Counsel’s Office, might be an exception.
>
> Tom Goldstein, publisher of Scotusblog <http://www.scotusblog.com/>, a Web
> site that analyzes Supreme Court cases, said the amicus filing “has the
> potential to break through and make a real difference.”
>
> He added: “The person who is going to decide this case, if it’s going to be
> close, is going to be a conservative justice who respects traditional
> marriage but nonetheless is sympathetic to the claims that this is just
> another form of hatred. If you’re trying to persuade someone like that, you
> can’t persuade them from the perspective of gay rights advocacy.”
>
> This article has been revised to reflect the following correction:
>
> *Correction: February 26, 2013*
>
> An earlier version of this article misstated the year in which Steve
> Schmidt was a senior adviser to Senator John McCain. It was 2008, not 2004.

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