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

Contents:

• THE CONSTUTNAL ARGUMENT FOR GAY MARRIAGE
• FREQUENTLY ASKED QUTNS ABOUT THE FERAL MARRIAGE AMENDMENT AND GAY MARRIAGE
• CALIFORNIA VOTERS WILL BE ASKED TO REAFFIRM GAY MARRIAGE PROTECTNS ON 2024 BALLOT
• CALIFORNIA STILL HAS AN ANTI-GAY MARRIAGE LAW ON THE BOOKS. VOTERS ULD REMOVE NEXT YEAR.
• WILL CALIFORNIA PROTECT GAY MARRIAGE S NSTUTN?
• GAY MARRIAGE
• THE GAY-MARRIAGE AMENDMENT: A DANGER TO THE CONSTUTN

THE CONSTUTNAL ARGUMENT FOR GAY 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.

FREQUENTLY ASKED QUTNS ABOUT THE FERAL MARRIAGE AMENDMENT AND GAY MARRIAGE

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.

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.

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

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?

Hodg mak gay marriage the law of the land every state.

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

In so dog, the urt went past even the arguments advanced by Solicor General Donald Verrilli and some gay-rights advot who urged the more most approach of merely strikg down bans on gay marriage unr the Equal Protectn Clse of the Constutn.

The issue of whether gay upl n marry is "not of immense personal importance to me, " Slia wrote his dissent. Instead, he boldly asserted same-sex upl have the same right to marriage as everybody else -- leavg for another day the qutn of whether gays are also a spect class entled to heightened protectn. Fally, he wrote, marriage provis a “nstellatn of benefs” that the stat should not be allowed to ny their cizens simply bee they are gay.

WILL CALIFORNIA PROTECT GAY MARRIAGE S NSTUTN?

Opponents of gay marriage base on “cent and honorable relig or philosophil premis, and neher they nor their beliefs are disparaged here, " Kennedy wrote. Roberts, his dissent, said the arguments for gay marriage have “unniable appeal. The practil impact of the cisn is that all stat mt allow gay marriag and honor same-sex marriag approved by other stat.

Texas: “The Texas statute mak homosexuals unequal the ey of the law by makg particular nduct—and only that nduct—subject to crimal sanctn... The send sentence go further; would overri any existg lol and state level protectns and benefs for gay and lbian upl, or any other unmarried uple, cludg hospal visatn rights, herance rights, pensn benefs, and health surance among others.

GAY MARRIAGE

If they are different name only, why do gays and lbians need to be “”married””? While civil unns are a meangful step toward endg discrimatn agast gay and lbian upl, they fall short of te equaly by settg up a separate tegory of rights and protectns for gay and lbian upl. Gay and lbian Amerins serve the ary, keep our muni safe as firefighters and police officers, staff our hospals, build our ci and pay tax.

Gay and lbian upl long-term mted relatnships should not be nied legal rights pensns, health surance, hospal visatns, and herance that other long-term mted upl enjoy. Unfortunately, our laws ntue to ny a basic right to marry to two adults simply bee they are gay or lbian.

What about relig groups who believe homosexualy is wrong – won’t this prsure them to regnize homosexual upl or accept marriage of gay and lbian upl? The First Amendment protects the right of people of fah to anize themselv acrdg to their own beliefs and tradns, and no law regnizg marriage of lbian and gay upl will lim the eedom of religns to fe marriage as each se f.

THE GAY-MARRIAGE AMENDMENT: A DANGER TO THE CONSTUTN

What about those people who say their relig beliefs are threatened by marriage of lbian and gay upl? Endg discrimatn agast gays and lbians is the same thg. Amerins’ attus toward the rights of gays and lbians are evolvg jt as attus on civil rights of other groups of Amerins have evolved over time.

Pollg data shows that Amerins oppose discrimatn agast gays and lbians. Californians will vote on a proposal to amend the state Constutn on the 2024 ballot to reaffirm gay marriage rights — a ut move that amid natnal anxiety after recent lgs by the nservative-leang U. Although there is no current threat to the legaly of gay marriage, and Print Bin signed a bill safeguardg last year, the Democratic-domant state Legislature is seekg to remove language om California’s Constutn that still f marriage as between a man and outdated state fn has been emed unenforceable and unnstutnal thanks to feral law, but LGBTQ advocy groups are askg voters to repeal and amend the California Constutn to stead explicly state that marriage is “a fundamental right.

Gav Newsom was out of state, Senate lear Toni Atks (D-San Diego) signed bills to law on his behalf as the first out gay actg ernor.