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 37
Страница viii
... protections enjoyed by married heterosexual couples. In response to Baker, the Vermont legis- lature enacted a “civil unions” law that provided to gay couples more than 300 benefits enjoyed by married heterosexuals but stopped short of ...
... protections enjoyed by married heterosexual couples. In response to Baker, the Vermont legis- lature enacted a “civil unions” law that provided to gay couples more than 300 benefits enjoyed by married heterosexuals but stopped short of ...
Страница 9
... protections because they are forbidden from procuring a marriage license . ” 76 The marriage ban is what harms the children of same - sex parents . Striking down the ban would help children . The government further contended that ...
... protections because they are forbidden from procuring a marriage license . ” 76 The marriage ban is what harms the children of same - sex parents . Striking down the ban would help children . The government further contended that ...
Страница 10
... 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- ations of ...
... 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- ations of ...
Страница 11
... protect itself and create and rear children ” ; warned that “ what is happening in our culture is an unraveling of all we ... protections now re- ceived as a matter of course by heterosexual couples who are married . “Our common humanity ...
... protect itself and create and rear children ” ; warned that “ what is happening in our culture is an unraveling of all we ... protections now re- ceived as a matter of course by heterosexual couples who are married . “Our common humanity ...
Страница 15
... laws to dissolve a civil union.131A Mississippi court ruled in favor of a lesbian couple from Vermont who sought to ... protections in other states.”138 “Wave” seems the operative metaphor. The National Law Journal reported in December ...
... laws to dissolve a civil union.131A Mississippi court ruled in favor of a lesbian couple from Vermont who sought to ... protections in other states.”138 “Wave” seems the operative metaphor. The National Law Journal reported in December ...
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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