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

Contents:

• GAY MARRIAGE
• SHOULD GAY MARRIAGE BE LEGAL?
• TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT
• GAY RIGHTS
• SHOULD GAY MARRIAGE BE LEGAL NATNWI?
• U.S. REP. STT PERRY VOT FAVOR OF BILL THAT WOULD PROTECT GAY MARRIAGE
• THE REAL IMPACT OF GAY MARRIAGE ON SOCIETY

GAY MARRIAGE

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.

SHOULD GAY MARRIAGE BE LEGAL?

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. 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.

TEXAS JUDGE WHO DON’T WANT TO PERFORM GAY MARRIAGE CEREMONI HOP WEB SIGNER’S SUPREME COURT SE HELPS HER FIGHT

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. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire.

GAY RIGHTS

Domtic Partnerships Throughout the and the begng of the next, California equently ma headl for seawg on the gay marriage state was the first to pass a domtic partnership statute 1999, and legislators tried to pass a same-sex marriage bill 2005 and 2007. 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.

SHOULD GAY MARRIAGE BE LEGAL NATNWI?

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.

U.S. REP. STT PERRY VOT FAVOR OF BILL THAT WOULD PROTECT GAY MARRIAGE

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.

THE REAL IMPACT OF GAY MARRIAGE ON SOCIETY

In Islamic tradn, several hadhs (passag attributed to the Prophet Muhammad) nmn gay and lbian relatnships, cludg the saygs “When a man mounts another man, the throne of God shak, ” and “Sihaq [lbian sex] of women is za [illegimate sexual terurse].

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.

A 2003 set of guil signed by Pope John Pl II stated: “There are absolutely no grounds for nsirg homosexual unns to be any way siar or even remotely analogo to God’s plan for marriage and fay… Marriage is holy, while homosexual acts go agast the natural moral law.

Scholars and the general public beme creasgly terted the issue durg the late 20th century, a perd when attus toward homosexualy and laws regulatg homosexual behavur were liberalized, particularly wtern Europe and the Uned issue of same-sex marriage equently sparked emotnal and polil clash between supporters and opponents. In other s, the cultural homogeney supported by the domant relign did not rult the applitn of doctre to the civic realm but may nohels have fostered a smoother seri of discsns among the cizenry: Belgium and Spa had legalized same-sex marriage, for stance, spe official opposn om their predomant relig stutn, the Roman Catholic Church.

Most of the world religns have at some pots their histori opposed same-sex marriage for one or more of the followg stated reasons: homosexual acts vlate natural law or dive tentns and are therefore immoral; passag sacred texts nmn homosexual acts; and relig tradn regniz only the marriage of one man and one woman as valid.

Although the legalizatn of same-sex marriage has provid many rights and protectns to same-sex married upl that did not exist prevly, there are still many rights and protectns that are enjoyed by heterosexual married upl which are not currently provid for homosexual married upl.

AdvertisementSKIP Wilson/The New York TimJune 19, 2019Begng before Stonewall and ntug the 50 years sce, lbian, gay, bisexual and transgenr people have regularly turned to the urts for protectn agast mistreatment or to overturn laws that targeted them. Hardwick – Uned Stat Supreme CourtAs the AIDS crisis h and anti-gay hysteria took over public pictns of gay men’s liv, the Supreme Court led that Geia’s crimal sodomy law was nstutnal — clarg that such laws “have ancient roots” and settg forth a pivotal rejectn of gay rights that took nearly 20 years to overturn. Dale – Uned Stat Supreme CourtThe Supreme Court led that New Jersey uld not enforce s nondiscrimatn laws to force the Boy Suts to allow gay sutmasters the state — reversg a lower-urt cisn that had led favor of allowg Jam Dale to serve as an assistant end of sodomy Schlegel/The Dallas Morng News, via Associated Prs2003: Lawrence v.

Brien – Iowa Supreme CourtThe Iowa Supreme Court ma history when issued the first unanimo cisn affirmg the right of same-sex upl to marry — a cisn that also led to Iowa beg the first state the Midwt where same-sex upl uld Raedle/Getty Imag2010: In re Gill – Florida Third District Court of AppealFor s, Florida law tegorilly barred gay people om adoptg children. The vast majory of scientific studi that have directly pared lbian and gay parents wh heterosexual parents have nsistently shown that the same-sex upl are as f and pable parents as heterosexual upl, and that their children are jt as psychologilly healthy and well adjted. Netherlands2001EuropeFirst untry to legalize same-sex marriage after Parliament passed the law December Zealand 2013Asia-PacificFirst untry the Asia-Pacific regn to allow gays and lbians to 2009EuropeThe law replaced a 1993 statute permtg civil unns.