The Supreme Court will hear two gay marriage cases later this month. This diary entry will focus on one- Hollingsworth vs. Perry- the Proposition 8 case out of California. The ballot initiative was prompted by a California supreme court decision which determined that state’s ban on same sex marriage violated the state constitution’s guarantee of equal protection. It should be noted that at that point | Read More »
This is the fourth and final in a series of articles regarding the gay marriage issue that will likely be taken up by the Supreme Court in the new term beginning in October. There have been some rather intense comments along the way. Obviously, beliefs and opinions run high on both sides of this issue. Should Section 3 of DOMA prevail, there is no doubt | Read More »
On April 4th, the First Circuit Court of Appeals, despite some twists and turns (to be explained), will hear arguments on a lower court ruling that ruled the Defense of Marriage Act (DOMA), passed in 1996, unconstitutional. Specifically, Section 3 of that Act is moving towards a collision course with the Supreme Court. Section 3 defines the term “marriage” as being between a man and | Read More »
In a previous posting, I argued that Judge Walker got it right in the gay marriage ruling given the current state of the law. Specifically, his reliance on the landmark case of Loving v. Virginia leads to no other conclusion. In that case, State bans on interracial marriage were struck down as unconstitutional under the 14th Amendment’s Equal Protection Clause. In the Loving case, | Read More »
The recent ruling out of California regarding Proposition 8- the voter-enacted ban on same sex marriage- re-opens a debate. At one time I researched the issue heavily in order to find a justification- other than moral or religious- against gay marriage and could not find any reliable one. For example, arguing against gay marriage on economical grounds fell by the wayside. For every study out | Read More »
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