Gay Marriage, Weddg Cak, and Freedom of Associatn | Internatnal Liberty

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

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. ” 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.

GAY MARRIAGE

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. 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. 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.

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 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.

SHOULD GAY MARRIAGE BE LEGAL?

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. 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.

Ernment signated Gerber’s Chigo hoe a Natnal Historic Pk TriangleCorbis/Getty ImagHomosexual prisoners at the ncentratn mp at Sachsenhsen, Germany, wearg pk triangl on their uniforms on December 19, gay rights movement stagnated for the next few s, though LGBT dividuals around the world did e to the spotlight a few example, English poet and thor Radclyffe Hall stirred up ntroversy 1928 when she published her lbian-themed novel, The Well of Lonels. ”Though started off small, the foundatn, which sought to improve the liv of gay men through discsn groups and related activi, expand after foundg member Dale Jenngs was arrted 1952 for solicatn and then later set ee due to a adlocked the end of the year, Jenngs formed another anizatn lled One, Inc., which weled women and published ONE, the untry’s first pro-gay magaze.

GAY RIGHTS

Post Office, which 1954 clared the magaze “obscene” and refed to liver Mattache Society Mattache Foundatn members rtctured the anizatn to form the Mattache Society, which had lol chapters other parts of the untry and 1955 began publishg the untry’s send gay publitn, The Mattache Review. That same year, four lbian upl San Francis found an anizatn lled the Dghters of Bilis, which soon began publishg a newsletter lled The Ladr, the first lbian publitn of any early years of the movement also faced some notable setbacks: the Amerin Psychiatric Associatn listed homosexualy as a form of mental disorr followg year, Print Dwight D. ”In fear of beg shut down by thori, bartenrs would ny drks to patrons spected of beg gay or kick them out altogether; others would serve them drks but force them to s facg away om other ctomers to prevent them om 1966, members of the Mattache Society New York Cy staged a “sip-”—a twist on the “s-” protts of the 1960s— which they vised taverns, clared themselv gay, and waed to be turned away so they uld sue.

GAY MARRIAGE TIMELE

They were nied service at the Greenwich Village tavern Juli, rultg much publicy and the quick reversal of the anti-gay liquor Stonewall Inn A few years later, 1969, a now-famo event talyzed the gay rights movement: The Stonewall clanste gay club Stonewall Inn was an stutn Greenwich Village bee was large, cheap, allowed dancg and weled drag queens and homels the early hours of June 28, 1969, New York Cy police raid the Stonewall Inn.

Addnally, several openly LGBTQ dividuals secured public office posns: Kathy Kozachenko won a seat to the Ann Harbor, Michigan, Cy Council 1974, beg the first out Amerin to be elected to public Milk, who mpaigned on a pro-gay rights platform, beme the San Francis cy supervisor 1978, beg the first openly gay man elected to a polil office asked Gilbert Baker, an artist and gay rights activist, to create an emblem that reprents the movement and would be seen as a symbol of pri.

In 1981, the Centers for Disease Control and Preventn published a report about five prevly healthy homosexual men beg fected wh a rare type of 1984, rearchers had intified the e of AIDS—the human immunoficiency vis, or HIV—and the Food and Dg Admistratn licensed the first mercial blood tt for HIV 1985. But after failg to garner enough support for such an open policy, Print Clton 1993 passed the “Don’t Ask, Don’t Tell” (DADT) policy, which allowed gay men and women to serve the ary as long as they kept their sexualy a rights advot cried the Don’t Ask, Don’t Tell policy, as did ltle to stop people om beg discharged on the grounds of their 2011, Print Obama fulfilled a mpaign promise to repeal DADT; by that time, more than 12, 000 officers had been discharged om the ary unr DADT for refg to hi their sexualy.

Don’t Ask, Don’t Tell was officially repealed on September 20, Marriage and Beyond In 1992, the District of Columbia passed a law that allowed gay and lbian upl to register as domtic partners, grantg them some of the rights of marriage (the cy of San Francis passed a siar ordance three years prr and California would later extend those rights to the entire state 1999) 1993, the hight urt  Hawaii led that a ban on gay marriage may go agast the state’s nstutn. In 1994, a new anti-hate-crime law allowed judg to impose harsher sentenc if a crime was motivated by a victim’s sexual Matthew Shepard ActCourty of the Matthew Shepard FoundatnMatthew Shepard, who was btally killed a hate crime 2003, gay rights proponents had another b of happy news: the U. Gay rights proponents mt also ntent wh an creasg number of “relig liberty” state laws, which allow bs to ny service to LGBTQ dividuals due to relig beliefs, as well as “bathroom laws” that prevent transgenr dividuals om g public bathrooms that don’t rrpond to their sex at birth.

"Rabbis belongg to the biggt and most liberal branch of Judaism the Uned Stat have voted to regnise the partnerships of gay and lbian Central Conference of Amerin Rabbis, which is part of the Jewish Reform movement, has agreed to sanctn relig ceremoni for same-sex Print of the Conference, Rabbi Charl Kroloff, said that gay and lbian people served the regnn and rpect due to people created the image of God.

'In view of the substance and signifince of the fundamental nstutnal right to form a fay relatnship, ' he wrote, 'the California Constutn properly mt be terpreted to guarantee this basic civil right to all Californians, whether gay or heterosexual, and to same-sex upl as well as to oppose-sex upl. Proposn 8 was the most expensive proposn on any ballot the natn this year, wh more than $74 ln spent by both measure's most fervent proponents believed that nothg ls than the future of tradnal fai was at stake, while opponents believed that they were fightg for the fundamental right of gay people to be treated equally unr the years ago, Californians voted 61% to fe marriage as beg only between a man and a California Supreme Court overturned that measure, Proposn 22, s May 15 cisn legalizg same-sex marriage on the grounds that the state Constutn required equal treatment of gay and lbian upl.