Marriage is a fundamental personal right, but is also good for fai and for society. Thera are about 9 ln gay people the US, Acrdg to the 2010 cens, about 640,000 same sex uple hoeholds. That is a lot of people who are nied important legal and social benefs unls
Contents:
- LIBERTARIANS, GAY MARRIAGE, AND FREEDOM OF ASSOCIATN: A PRIMER
- GAY MARRIAGE
- SHOULD GAY MARRIAGE BE LEGAL?
- GAY RIGHTS
- GAY MARRIAGE TIMELE
LIBERTARIANS, GAY MARRIAGE, AND FREEDOM OF ASSOCIATN: A PRIMER
How the same right allows for both same-sex marriage regnn and refg to sell gay upl weddg k * gay marriage freedom of association *
As a gay libertarian who wr equently on both ponents, perhaps I n help illumate some ncepts here and expla why argug that gays have the right to marry each other and argug that bs have the right to ny them goods and servic are fundamentally nnected to maniftatns of the same right: eedom of associatn. (Note that the qutn of whether the ernment has an actual stake rtrictg marriage to heterosexuals is equently asked current legal challeng agast the bans, rultg some rather strange arguments om opponents claimg that allowg gay marriag will somehow rult fewer heterosexual marriag. Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn.
GAY MARRIAGE
The road to full marriage equaly for same-sex upl the Uned Stat was paved wh setbacks and victori. The landmark 2015 Supreme Court se Obergefell v. Hodg ma gay marriage legal throughout the untry. * gay marriage freedom of association *
” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups. In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners.
C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch.
SHOULD GAY MARRIAGE BE LEGAL?
Civil marriage, civil unns and domtic partnerships perpetuat the stigma historilly attached to homosexualy, and rerc prejudice agast lbian, gay and bisexual people based on their sexual orientatn or genr inty. * gay marriage freedom of association *
That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S.
Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v.
GAY RIGHTS
Proponents ntend that gay marriage bans are discrimatory and unnstutnal, opponents ague that marriage is primarily for procreatn. * gay marriage freedom of association *
For the first time the untry’s history, voters (rather than judg or legislators) Mae, Maryland, and Washgton approved Constutnal amendments permtg same-sex marriage marriage also beme a feral issue 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA—the part of the 1996 law that fed marriage as a unn between one man and one woman—to be unnstutnal. Wdsor, nservative Jtice Anthony Kennedy sid wh Jtic Ruth Bar Gsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan favor of same-sex marriage rights, ultimately makg gay marriage legal across the natn June this time, was still outlawed only 13 stat, and more than 20 other untri had already legalized gay marriage, startg wh the Netherlands December 2000.
GAY MARRIAGE TIMELE
There's a big ntroversy about whether bs owners wh tradnal relig beliefs should be erced by ernment to dog bs wh gay upl who want to get married. Back 2015, I explaed that the real issue is eedom of associatn, not whether gay marriage is right or wrong (I've always wonred why ernment should… * gay marriage freedom of association *
On July 25, 2014 Miami-Da County Circu Court Judge Sarah Zabel led Florida’s gay marriage ban unnstutnal and stated that the ban “serv only to hurt, to discrimate, to prive same-sex upl and their fai of equal digny, to label and treat them as send-class cizens, and to em them unworthy of participatn one of the fundamental stutns of our society.
The ACLU works to ensure that lbian, gay, bisexual, transgenr and queer people n live openly whout discrimatn and enjoy equal rights, personal tonomy, and eedom of exprsn and associatn. * gay marriage freedom of association *
The Amerin Psychologil Associatn, Amerin Psychiatric Associatn, and others nclud that legal gay marriage giv upl “accs to the social support that already facilat and strengthens heterosexual marriag, wh all of the psychologil and physil health benefs associated wh that support. 2016 printial ndidate and former Hewlett-Packard CEO Carly Fra stated that civil unns are aquate as an equivalent to marriage: “Benefs are beg btowed to gay upl [ civil unns]… I believe we need to rpect those who believe that the word marriage has a spirual foundatn… Why n’t we rpect and tolerate that while at the same time sayg ernment nnot btow benefs unequally.
Court papers filed July 2014 by attorneys fendg Arizona’s gay marriage ban stated that “the State regulat marriage for the primary purpose of channelg potentially procreative sexual relatnships to endurg unns for the sake of jog children to both their mother and their father… Same-sex upl n never provi a child wh both her blogil mother and her blogil father. Lee Badgett, PhD, Director of the Center for Public Policy and Admistratn at the Universy of Massachetts at Amherst, stated that for many gay activists “marriage means adoptg heterosexual forms of fay and givg up distctively gay fay forms and perhaps even gay and lbian culture. Queer activist Anrs Zanichkowsky stated June 2013 that the then mpaign for gay marriage “tentnally and malicly eras and exclus so many queer people and cultur, particularly trans and genr non-nformg people, poor queer people, and queer people non-tradnal fai… marriage thks non-married people are viant and not tly servg of civil rights.
Matt Barber, Associate Dean for Onle Programs at Liberty Universy School of Law, stated, “Every dividual engaged the homosexual liftyle, who has adopted a homosexual inty, they know, tuively, that what they’re dog is immoral, unnatural, and self-stctive, yet they thirst for that affirmatn.
The gay rights movement the Uned Stat began the 1920s and saw huge progrs the 2000s, wh laws prohibg homosexual activy stck down and a Supreme Court lg legalizg same-sex marriage. * gay marriage freedom of association *
It’s opened to the public, so sudnly be public “property”… Followg that logic, a Mlim baker would be forced to make a ke wh Mohammed’s face on – an unspeakable moral crime Islam – Hooters would have to hire anyone as a server and gay bathho would have to wele female patrons. But even if dividual accs to the para might siarly be mandated, the Court reasoned, the gay group “uld nohels be refed admissn as an exprsive ntgent wh s own msage jt as readily as a private club uld exclu an applint whose manift views were at odds wh a posn taken by the club’s existg members.