California still has an anti-gay marriage law on the books. Voters uld remove next year | AP News

constitution on gay marriage

Two lawmakers want voters to amend the California nstutn to protect gay marriage rights om the U.S. Supreme Court.

Contents:

THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE

* constitution on gay marriage *

Do the Uned Stat ernment have the nstutnal thory to legalize gay marriage? [See a llectn of polil rtoons on gay marriage. ] If the legalizatn of gay marriage were acplished by statute, Congrs uld nceivably rely on s power to regulate merce.

WILL CALIFORNIA PROTECT GAY MARRIAGE S NSTUTN?

It is more likely that gay marriage would be mandated by the Court's own terpretatns of the 14th Amendment. In a 2003 se that validated crimal penalti on homosexual sodomy, Jtice Anton Slia's bter dissent argued that the Court was settg the stage for exactly this rult.

[Vote now: Should gay marriage be legal natnwi?

GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE

Gay marriage is a nstutnal right, Supreme….

Gay upl’ fundamental right to marry is protected by the due procs and equal protectn cls of the 14th Amendment, Jtice Anthony M. “It means gays and lbians for the state to lock them out of a central stutn of the natn’s society, ” Kennedy wrote. The same dynamic has occurred the natn’s experienc wh the rights of gays and lbians, Kennedy said, referrg to his own opns strikg down a crimal ban on homosexual sodomy, overturng a state effort to bar lol protectns for gays, and validatg a feral law barrg feral benefs for married gay upl.

CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT

Above the Law not that two of Kennedy’s prr gay-rights cisns were issued on June 26, the same date of today’s cisn fdg a nstutnal right for gays to marry. Roberts said the arguments on behalf of gay marriage have “unniable appeal” but the Constutn do not pel stat to perm such marriag.

Texas: “The Texas statute mak homosexuals unequal the ey of the law by makg particular nduct—and only that nduct—subject to crimal sanctn... " This law applied to heterosexual and homosexual nduct, but the Court reviewed specifilly the ntext of homosexual nduct.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

It cid that the right to privacy provid by nstutnal due procs did not ver homosexual behavr, even when nsentg adults are volved. Texas, the Supreme Court overled Bowers and stck down a state law that crimalized homosexual sodomy.

There’s no ditn, however, that the majory of jtic have much appete to do the same on gay marriage. In January, the Public Policy Instute of California found that a whoppg 75% of likely voters support a policy allowg gay and lbians upl to marry. ImageLorie Smh said her Christian fah requir her to turn away ctomers seekg servic to celebrate same-sex Woolf for The New York TimThe Supreme Court sid on Friday wh a web signer Colorado who said she had a First Amendment right to refe to sign weddg webs for same-sex upl spe a state law that forbids discrimatn agast gay people.

’”The se, though amed as a clash between ee speech and gay rights, was the latt a seri of cisns favor of relig people and groups, notably nservative cisn also appeared to suggt that the rights of L. The liberal jtic viewed as somethg else entirely — a dispute that threatened societal protectns for gay rights and rolled back some recent an impassned dissent, Jtice Sonia Sotomayor warned that the oute signaled a return to a time when people of lor and other mory groups faced open discrimatn.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR.

”A Colorado law forbids discrimatn agast gay people by bs open to the public as well as statements announcg such discrimatn. “Lbian, gay, bisexual, and transgenr (L.

The dissentg jtic, he wrote, foced on “the stris gay Amerins have ma towards securg equal jtice unr law. He was the thor of every major Supreme Court cisn protectg gay rights unr the Constutn.

CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR

Kavangh and Amy Coney Barrett, shifted the urt to the urts have generally sid wh gay and lbian upl who were refed service by bakeri, florists and others, lg that potential ctomers are entled to equal treatment, at least parts of the untry wh laws forbiddg discrimatn based on sexual owners of bs challengg those laws have argued that the ernment should not force them to choose between the requirements of their fahs and their livelihoods. ETBefore the hypothetil gay weddg se, he was at the center of a real one over a ke. A baker refed to make a weddg ke for their receptn on relig Cote for The New York TimHad there been an actual gay person who was refed a weddg-related service at the center of 303 Creative L.

*BEAR-MAGAZINE.COM* CONSTITUTION ON GAY MARRIAGE

Gay marriage: Will CA protect nstutn?- CalMatters .

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