Gay Marriage - DOMA, 14th Amendment & Supreme Court | HISTORY

Contents:

• SUPREME COURT TO CI WHETHER SOME BS N REFE TO SERVE GAY CTOMERS
• SUPREME COURT TO CI WHETHER SOME BS N REFE TO SERVE GAY CTOMERS
• GAY MARRIAGE AND THE MERCE CLSE
• THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE
• GAY MARRIAGE

SUPREME COURT TO CI WHETHER SOME BS N REFE TO SERVE GAY CTOMERS

In 1981, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnership, which also granted hospal visatn rights and other benefs.

Bh that would outlaw same-sex marriag the whole untry, ten typilly nservative tat along wh Oregon enacted state-level bans on gay marriag. In 2010, Massachetts, the first state to legalize gay marriage, found Sectn 3 of DOMA that fed marriage as a unn between one man and one woman to be unnstutnal, 2013, Uned Stat v.

SUPREME COURT TO CI WHETHER SOME BS N REFE TO SERVE GAY CTOMERS

By 2015 (the year Obergefell was cid) thirty-six stat already issued marriage licens to same-sex upl and more than 20 unti around the world had already legalized gay marriage, startg wh the Netherlands 2000. Judge Heyburn held that “homosexual persons nstute a quasi-spect class, ” and clared that Kentucky’s law banng same-sex marriag vlat the Equal Protectn Clse of the Fourteenth Amendment of the Uned Stat Constutn.

The Supreme Court said Tuday will ci whether certa bs wh relig objectns n refe to offer their servic for same-sex weddgs, a qutn has nsistently ducked sce s landmark gay marriage lg se volv a Colorado webse signer, Lorie Smh, who planned to expand her bs to serve upl gettg married. Send, the subject of this thread is not whether gay marriage is right or wrong morally; stead, 's the nstutnaly of gay marriage.

GAY MARRIAGE AND THE MERCE CLSE

Th, state nstutnal amendments fg the regnn of marriage om another state (for example, Montana's Only a marriage between one man and one woman shall be valid or regnized as a marriage this state - emphasis add by me) would be vlatg the merce clse of the feral Constutn, sce Congrs mt regulate the stat of the ntracts (gay marriag) when the signers move to a different state, rrect? 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. 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? 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.

THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE

” 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. Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years.

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.

Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs. 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 MARRIAGE

The state fally troduced the untry to gay marriage (m the feral benefs) when began issug same-sex marriage licens on May 17, that year, the U. Bh—that would outlaw gay marriage across the untry. 2004 was notable for upl many other stat as well, though for the oppose reason: Ten typilly nservative stat, along wh Oregon, enacted state-level bans on gay marriage.