Family Law
Gay Marriage Measure Passes House Without Debate #ABAChicago
Posted Aug 3, 2009 2:47 PM CST
By Edward A. Adams
Corrected: The ABA policy-making House of Delegates passed by an overwhelming voice vote a resolution calling on Congress to repeal a section of the Defense of Marriage Act that denies federal marital benefits and protections to lawfully married same-sex couples.
Despite the controversial nature of same-sex marriage, no one spoke in opposition to the measure itself.
“This is a very modest recommendation, some would even say a conservative recommendation,” said Estelle Rogers, a lawyer who is a consultant on civil rights and civil liberties issues in Washington, D.C.
The measure neither favors nor opposes civil marriage for same-sex couples, she said. It merely urges the federal government to recognize the rights provided by states which allow for such marriages, she said.
More on the Annual Meeting '09 here:
Why is #ABAChicago in our Annual Meeting headlines? Check out our hashtags post: "ABA Annual Meeting 2009 on Twitter"
ABA Journal's Annual Meeting coverage at this link.
Flickr Slideshow: ABA Journal snapshots from Annual Meeting.
Interactive updates on the Annual Meeting from ABA Media Relations at ABANow.org.
Updated on Aug. 4. The initial post incorrectly reported Ms. Rogers was a lawyer with the civil rights group Advancement Project.

Comments
J.D.
Aug 3, 2009 3:09 PM CST
“no one spoke in opposition to the measure itself”
Well isn’t that the mark of totalitarianism….
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B. McLeod
Aug 3, 2009 4:00 PM CST
Maybe they were confused, and momentarily uncertain whether they had actually come to attend the ABA House of Delegates, or some unrelated group that does not focus on issues central to the legal profession. Perhaps they could also endorse a position on Global Warming, or the existence of the Easter Bunny.
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Karen Grube
Aug 3, 2009 6:09 PM CST
How stupid can a group of people possibly be? What, do they somehow think that doing what they suggest won’t be the opening for a full-blown argument on gay marriage, which the people of this country clearly DO NOT WANT! What part of NO do these people not understand? The people of this country have voted overwhelmingly to reject gay marriage and pretty much the entire gay agenda! Get over yourselves guys.
Hey, here’s a thought. Next time, try actually asking the membership what they think before you make stupid decisions and take idiotic actions like this! It would be nice for a change if a representative body actually represented the people who put them there!!!! What a concept, or is that to cerebral for you? But then I guess you’re just following the President and Congress’ lead in doing whatever you want despite what real people think.
Honestly, you need to rethink this. It’s just wrong.
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B. McLeod
Aug 4, 2009 6:30 AM CST
It is an appropriate topic of national debate in the political parties. However, it has nothing to do with professional issues on which the ABA should be concentrating. The estimated 2% of my dues which are nondeductible because they are allocable to lobbying should go to lobbying on issues of concern to the profession. This is not one. Delegates need to get back to the purpose of the organization, and 86 the crap of trying to prove how progressive and fair-minded they are through endorsing whatever currently passes for the tree-hugging, counter-cultural, social fad du jour.
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Hate Mcleod
Aug 4, 2009 6:39 AM CST
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Teddy
Aug 4, 2009 6:45 AM CST
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mohammed
Aug 4, 2009 7:45 AM CST
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B. McLeod
Aug 4, 2009 7:46 AM CST
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B. McLeod
Aug 4, 2009 8:58 AM CST
Zounds. The Moderator is being really strict today.
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Kenneth G. Galica
Aug 4, 2009 10:06 AM CST
Who are these people, the House of Delegates? Who do they think they represent? Are they actually elected by someone? Who? How?
Will someone step up and retake this organization back from them?
Now, I expect to be called some name by someone about this. That is a typical response.
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Meg
Aug 4, 2009 10:16 AM CST
I must congratulate the country’s foremost legal organization for recognizing and reiterating the concept that civil rights belong to all citizens. Anyone who has religious objections to gay civil rights is invited to take the matter up with his or her church. As for me, I revere the U.S. Constitution, which makes no distinctions based on gender or sexual orientation.
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mohammed
Aug 4, 2009 11:40 AM CST
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mohammed
Aug 4, 2009 11:42 AM CST
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J.D.
Aug 4, 2009 12:05 PM CST
^ Uh, oh. I think the moderator is trying to start a jihad.
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Rath
Aug 4, 2009 12:25 PM CST
@3 Hey Karen, in what alternate reality did this national referendum on gay marriage take place?
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Tolerance
Aug 4, 2009 12:35 PM CST
Wow! Very frightening to consider that these recent offensive comments on gay rights (and in other articles on racial issues) are representative of the bar as a whole! One would think that people educated to doctoral-degree level would not have such narrow-minded attitudes… and especially anyone who remotely comprehends and passed 1st year Constitutional Law should have at least a basic understanding that the guarantee of Equal Protection under law is designed to PROTECT unpopular minorities from the tyranny of hateful and bigoted majorities (as seem to be represented so conspicuously by several of the above commentators).
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Karen Gr=HATE
Aug 4, 2009 12:37 PM CST
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J.D.
Aug 4, 2009 1:03 PM CST
Dozens of state elections back up Karen, Mr. irRathional. Red states, blue states, coastal states, Midwestern states.
Where have you been?
If California voters rejected it, it’s safe to say that not enough other states would support it in enough numbers for a national referendum to pass.
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B. McLeod
Aug 4, 2009 1:36 PM CST
Maybe the Delegates can pass a resolution advocating travel abroad to adopt underprivileged children from third world countries. That’s all very chic in Hollywood too.
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David
Aug 4, 2009 2:33 PM CST
The ABA is completely out of touch with its membership and society at large, but the leaders continue to wring their collective hands over why membership percentages continue to drop. This makes my renewal decision that much easier.
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Peter pan
Aug 5, 2009 10:50 AM CST
Glad that these people are upset with the House of Delegates sensible decision… perhaps there will be fewer obnoxious bigots in the ABA. Now if we can get rid of resident big-mouth McClod, we’ll be able to enjoy this site once again.
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B. McLeod
Aug 5, 2009 6:24 PM CST
Or, you could just learn to live with disappointment. Of course, I mean “more disappointment.”
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Time
Aug 7, 2009 8:28 AM CST
Good job, ABA. Nicely done. Years from now, those who have voiced opposition to DOMA’s repeal will look like those who supported Plessy vs. Ferguson.
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