Legalizing Gay Marriage: Vermont And The National DebateTemple University Press, 20. 11. 2008. - 352 страница Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage.Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the "common humanity" that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage.Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a "despised minority" in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level. |
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Резултати 1-5 од 85
Страница vii
... Baker Decision : A Legitimate Exercise in Constitutional Adjudication 27 3 Backlash Against Gays and Lesbians : A Despised Minority in Vermont 45 4 Vermont's " Third Way " : Enacting Civil Unions as an Alternative to Civil Marriage 14 ...
... Baker Decision : A Legitimate Exercise in Constitutional Adjudication 27 3 Backlash Against Gays and Lesbians : A Despised Minority in Vermont 45 4 Vermont's " Third Way " : Enacting Civil Unions as an Alternative to Civil Marriage 14 ...
Страница viii
... Baker v. State, a 1999 decision of the Vermont Supreme Court, which, in recognition of “our common humanity,” held that the Vermont constitution guaran- tees same-sex couples the same benefits and protections enjoyed by married ...
... Baker v. State, a 1999 decision of the Vermont Supreme Court, which, in recognition of “our common humanity,” held that the Vermont constitution guaran- tees same-sex couples the same benefits and protections enjoyed by married ...
Страница x
... Baker decision. He criticized the reasoning of the court and accused the jus- tices of misusing their own precedents. He then went on at some length to point out that few appellate courts in other states had cited Baker in the nearly ...
... Baker decision. He criticized the reasoning of the court and accused the jus- tices of misusing their own precedents. He then went on at some length to point out that few appellate courts in other states had cited Baker in the nearly ...
Страница xi
... Baker nearly four years after it was decided is a sure sign of its continuing im- portance. Baker was the first decision of a state supreme court requiring that the benefits and responsibilities of marriage be extended to gay male and ...
... Baker nearly four years after it was decided is a sure sign of its continuing im- portance. Baker was the first decision of a state supreme court requiring that the benefits and responsibilities of marriage be extended to gay male and ...
Страница 12
... Baker's case and its aftermath received ex- traordinary national and international media attention. Literally hun- dreds of substantial news stories on the Vermont events were published in newspapers outside of Vermont.106 The decision ...
... Baker's case and its aftermath received ex- traordinary national and international media attention. Literally hun- dreds of substantial news stories on the Vermont events were published in newspapers outside of Vermont.106 The decision ...
Садржај
1 | |
27 | |
45 | |
Enacting Civil Unions as an Alternative to Civil Marriage | 74 |
Whats Wrong with Vermonts Civil Marriage Substitute | 142 |
Three Years After | 193 |
Vermont Supreme Court Decision for Baker v State | 197 |
Notes | 257 |
Index | 331 |
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2000 hereinafter Adam Lisberg African Americans April 26 argued argument Baker decision benefits and protections Boston Globe Burlington Free Press Carey Goldberg Christopher Graff civil marriage civil rights civil unions bill civil unions law classification Common Benefits Clause constitutional amendment debate Democrats denied discrimination domestic partnership Editor equal protection Eskridge federal gay and lesbian Gay Couples Gay Marriage Gay Rights Gay Unions Governor Greg Johnson heterosexual homosexual Howard Dean issue Jack Hoffman July June Justice lawmakers legislative lesbian lesbian couples letter majority March marriage laws marriage license marriage statutes moral newspaper opinion opponents partners persons plaintiffs ples political quoting Rep recognized Remsen Republican riage right to marry Ross Sneyd Ruling Rutland Herald S.Ct same-sex couples same-sex marriage same-sex unions segregation separate-but-equal sodomy State’s statutory supra note tion Valley Vermont Civil Unions Vermont Constitution Vermont Supreme Court vote woman