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. |
Из књиге
Резултати 1-5 од 58
Страница 12
... judiciary to make real the right the court had just recognized.96 Or the lawmakers could adopt a “third way”—between the extremes of doing nothing or everything—and cre- ate a parallel system that offers same-sex couples every legal ...
... judiciary to make real the right the court had just recognized.96 Or the lawmakers could adopt a “third way”—between the extremes of doing nothing or everything—and cre- ate a parallel system that offers same-sex couples every legal ...
Страница 23
... judiciary . Second , and most importantly , I want to describe the political and cultural environment that resulted in the creation of civil unions . I want this book to tell a story . It is a story pol- icymakers across the nation ...
... judiciary . Second , and most importantly , I want to describe the political and cultural environment that resulted in the creation of civil unions . I want this book to tell a story . It is a story pol- icymakers across the nation ...
Страница 37
... judiciary is “not the only repository of wisdom.”53 The opinion is “characterized by a sort of judicial humility.”54 The Baker majority cited Dred Scott as an example of how judges can get it spectacularly wrong. The court could have ...
... judiciary is “not the only repository of wisdom.”53 The opinion is “characterized by a sort of judicial humility.”54 The Baker majority cited Dred Scott as an example of how judges can get it spectacularly wrong. The court could have ...
Страница 42
... judiciary is to protect dis- crete and insular minorities historically subject to discrimination by the majority within and without the usual legislative and political process.87 The framers of our constitution intended judges to be ...
... judiciary is to protect dis- crete and insular minorities historically subject to discrimination by the majority within and without the usual legislative and political process.87 The framers of our constitution intended judges to be ...
Страница 45
... Judiciary Committee held hearings and heard from expert witnesses including a historian of mar- riage, family law practitioners, and professors of constitutional law and family law.2 Opponents of Baker urged the legislature to begin the ...
... Judiciary Committee held hearings and heard from expert witnesses including a historian of mar- riage, family law practitioners, and professors of constitutional law and family law.2 Opponents of Baker urged the legislature to begin the ...
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 |
Друга издања - Прикажи све
Чести термини и фразе
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