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 and reflects the civil war in the party since the November election.
The document will be submitted this week to the Supreme Court in support of a suit seeking to strike down Proposition 8, a California ballot initiative barring same-sex marriage, 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.
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.”
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