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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Страница viii
... denial about the extent of our homophobia. Legalizing Gay Marriage is a most timely and important discussion of an issue that is likely to dominate the social and legal agenda for years to come. Indeed, in 2003, several Canadian courts ...
... denial about the extent of our homophobia. Legalizing Gay Marriage is a most timely and important discussion of an issue that is likely to dominate the social and legal agenda for years to come. Indeed, in 2003, several Canadian courts ...
Страница ix
... denying same-sex couples the right to civil marriage is a violation of the Massachusetts Constitu- tion. The court stayed its judgment 180 days to allow the legislature to act on the decision. And in June 2003, the United States Supreme ...
... denying same-sex couples the right to civil marriage is a violation of the Massachusetts Constitu- tion. The court stayed its judgment 180 days to allow the legislature to act on the decision. And in June 2003, the United States Supreme ...
Страница 10
... deny the protections , benefits , and obligations conferred by civil marriage ” to gay couples.82 And the dispositional portion of the Goodridge opinion held that “ barring an individual from the protections , benefits , and oblig ...
... deny the protections , benefits , and obligations conferred by civil marriage ” to gay couples.82 And the dispositional portion of the Goodridge opinion held that “ barring an individual from the protections , benefits , and oblig ...
Страница 12
... denial of marriage licenses to same-sex cou- ples might violate the state constitution,103 and an Alaska trial court ruled in 1998 in favor of same-sex marriage.104 “The court victories in Hawaii and Alaska were erased by popular votes ...
... denial of marriage licenses to same-sex cou- ples might violate the state constitution,103 and an Alaska trial court ruled in 1998 in favor of same-sex marriage.104 “The court victories in Hawaii and Alaska were erased by popular votes ...
Страница 24
... deny- ing committed same-sex couples the right to marry—while at the same time giving them the same bundle of legal rights associated with mar- riage—stamps those couples with an unmistakable badge of inferiority. In stressing to ...
... deny- ing committed same-sex couples the right to marry—while at the same time giving them the same bundle of legal rights associated with mar- riage—stamps those couples with an unmistakable badge of inferiority. In stressing to ...
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