Cold logic may tmp hot tears gay marriage bate.
Contents:
- IS GAY MARRIAGE REALLY PROGRSIVE?
- LOVG THE SUPREME COURT’S CISN TO TAKE ON GAY MARRIAGE
- ANDREW SULLIVAN: WHY GAY MARRIAGE IS GOOD FOR AMERI
- GAY MARRIAGE FULFILLS 'PURSU OF HAPPS'
- GAY MARRIAGE IS PART OF 'PURSU OF HAPPS'
IS GAY MARRIAGE REALLY PROGRSIVE?
A pneerg advote of gay marriage rponds to the Supreme Court’s historic lg. * pursuit of happiness gay marriage *
(Disclosure: The thors of this preview are affiliated wh the law firm that reprents the Rponnt Wdsor and prevly reprented parti ligatn claimg a right for gay and lbian upl to marry unr New York’s Constutn. Agast that background, the Nth Circu found that none of the reasons offered by s proponents to jtify Proposn 8 provid any nceivably ratnal basis for the whdrawal of that right and ferred that the only explanatn for Proposn 8 was mere disapproval of gay and lbian persons.
Evans, [3] held that such a law nied equal protectn to California’s gay and lbian rints.
LOVG THE SUPREME COURT’S CISN TO TAKE ON GAY MARRIAGE
* pursuit of happiness gay marriage *
Bee of the California-specific circumstanc on which s analysis was premised, the Nth Circu found unnecsary to nsir, and exprsed no opn, as to “whether same-sex upl have a fundamental right to marry, or whether stat that fail to afford the right to marry to gays and lbians mt do so. ”[4]In the Supreme Court, the two lbian and gay upl who are challengg Proposn 8, urge a broar posn.
They argue that Proposn 8 not only vlat the Equal Protectn Clse, but ni gay and lbian persons the fundamental right to marriage guaranteed by the Fourteenth Amendment’s Due Procs Clse.
ANDREW SULLIVAN: WHY GAY MARRIAGE IS GOOD FOR AMERI
”The Send Circu found that gays and lbians satisfied all the qualifitns of a “spect class” that triggers heightened scty, namely that they are members of a group that has been historilly subjected to discrimatn; that they have an immutable or distguishg tra that do not affect their abily to ntribute to society and that they are a polilly weakened mory.
GAY MARRIAGE FULFILLS 'PURSU OF HAPPS'
Proponents of both Proposn 8 and DOMA offer some of the same jtifitns for the distctn disfavorg gay and lbian persons.
GAY MARRIAGE IS PART OF 'PURSU OF HAPPS'
[13] That is surely required here where the ligatn-crafted ratnal proffered by proponents of both Proposn 8 and DOMA mask the realy of the bias and irratnal fears regardg gay and lbian cizens that marked the mpaign that led to Proposn 8’s enactment and the legislative history of any event, the qutn of which standard of review should be applied evaluatg the jtifitns offered by the proponents of Proposn 8 and DOMA is certa to be a central foc of qutng by the Jtic both arguments. [15]A lbian uple and a gay male uple, Krist M.