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Contents

  1. 2 Responses
  2. Data Protection Choices
  3. Public mood turns against marriage equality postal vote, poll shows
  4. We must campaign for marriage equality with the same dignity and respect we are seeking
  5. The constitutional right to dignity: from gay marriage to #Black Lives Matter

However, we are positioned to elaborate fundamental constitutional rights in ways that the lower court could not. Today we conclude that Proposition 8 burdens a fundamental right. Because Proposition 8 disrespects such choices, it must be subject to strict scrutiny; the law may only stand if necessary and narrowly tailored to achieve a compelling state interest. But there has not yet been any evidence demonstrating harmful consequences of modifying marriage. In a democracy that embraces individual freedom as well as the progress that comes from experimentation and innovation, we cannot burden constitutional liberty interests based on the mere potential for unknown consequences.


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We recognize that this debate involves more than the question of whether same sex marriage has been shown to pose a risk to social welfare; it also represents competing cultural values. The world's first legal gay marriage ceremony took place in the Netherlands on Apr. The four couples, one female and three male, were married in a televised ceremony officiated by the mayor of Amsterdam.

The Congressional Budget Office estimated on Dec.

The Supreme Court and the "dignity" of same-sex marriage

An Oct. Proper citation depends on your preferred or required style manual. Here are the proper bibliographic citations for this page according to four style manuals in alphabetical order :. Skip to content. Gay Marriage. Should Gay Marriage Be Legal? On July 25, Miami-Dade County Circuit Court Judge Sarah Zabel ruled Florida's gay marriage ban unconstitutional and stated that the ban "serves only to hurt, to discriminate, to deprive same-sex couples and their families of equal dignity, to label and treat them as second-class citizens, and to deem them unworthy of participation in one of the fundamental institutions of our society.

We have joined together to recognize equality for racial minorities, women, people with disabilities, immigrants As explained by David S. Nancy, a woman, can marry Tom, but Bill, a man, cannot Nancy can do something marry Tom that Bill cannot, simply because Nancy is a woman and Bill is a man. Pro 2 Same-sex couples should have access to the same benefits enjoyed by heterosexual married couples.

There are 1, benefits, rights and protections available to married couples in federal law alone, according to a General Accounting Office assessment made in Harvard University historian Nancy F. Cott stated that until two centuries ago, "monogamous households were a tiny, tiny portion" of the world's population, and were found only in "Western Europe and little settlements in North America.

LaFleur that the "freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.


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Pro 5 Marriage is an internationally recognized human right for all people. Since the US Supreme Court has declared 14 times that marriage is a fundamental right for all, according to the American Foundation for Equal Rights. They are entitled to equal rights as to marriage, during marriage and at its dissolution. Non-discrimination on grounds of sexual orientation has therefore become an internationally recognized principle. Pro 6 Same-sex marriage is a civil right.

2 Responses

Virginia that marriage is "one of the basic civil rights of man. Pro 7 Marriage is not only for procreation, otherwise infertile couples or couples not wishing to have children would be prevented from marrying. Ability or desire to create offspring has never been a qualification for marriage. Pro 8 Gay marriages can bring financial gain to federal, state, and local governments and can help boost the economy.

Government revenue from marriage comes from marriage licenses, higher income taxes in some circumstances the so-called "marriage penalty" , and decreases in costs for state benefit programs. Pro 9 Gay couples make good parents.

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Data Protection Choices

A June peer-reviewed University of Melbourne study showed that children raised by same-sex parents score about six percent higher than the general population on measures of general health and family cohesion. We should see this as a great boon that gay marriage could bring to kids who need nothing more than two loving parents. Pro 10 Gay marriage bans cause humiliation and uncertainty for children being raised by same-sex couples.

In ruling Texas' gay marriage ban unconstitutional, San Antonio-based federal judge Orlando Garcia stated that the ban "causes needless stigmatization and humiliation for children being raised by the loving same-sex couples being targeted. Pro 11 Marriage provides both physical and psychological health benefits, and banning gay marriage increases rates of psychological disorders.

Pro 12 Legalizing gay marriage will not harm the institution of marriage, and same-sex marriages may even be more stable than heterosexual marriages.

Public mood turns against marriage equality postal vote, poll shows

A study published on Apr. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. Pro 13 Gay marriage legalization is correlated with lower divorce rates, while gay marriage bans are correlated with higher divorce rates.

Massachusetts, which became the first US state to legalize gay marriage in , had the lowest divorce rate in the country in Alaska, which altered its constitution to prohibit gay marriage in , saw a In any event, it is problematic to associate same-sex marriage with full citizenship for even marriage-minded gay and lesbian Americans so long as they lack general protection from discrimination based on sexual orientation. From outside the country, it is baffling and horrifying that in some states gay and lesbian Americans can be fired or denied housing on account of a sexual orientation manifested by their newly permitted marriage.

Naturally, every project — comparative or not — requires choices and limits. Still, scholars such as Ran Hirschl have raised significant concerns about case selection in comparative constitutional law. Early in the article, however, Finck notes that not only proponents but also opponents of gay rights have invoked dignity. For instance, natural lawyers such as Robert George have suggested that same-sex marriage liberates sexual practices that are beneath the dignity of humans as free and rational creatures. Without justification, Finck stipulates that she limits her analysis to instances in which human dignity is invoked in support of gay rights and marriage equality.

We must campaign for marriage equality with the same dignity and respect we are seeking

Another difficulty arises from confining the gaze to case law on gay rights, rather than situating those cases in a broader terrain of constitutional law and adjudication. Finck includes international instruments and constitutions that use dignity more generally. To be sure, my casual impression is that the use of dignity in the American gay-rights cases is distinctive and that Finck describes it persuasively. That the chief justice fastens on dignity in his dissent suggests as much. But without evidence from comparison across different kinds of cases, we have to take it on faith.

The constitutional right to dignity: from gay marriage to #Black Lives Matter

Moreover, that distinctiveness is much less plain in Canada and South Africa, two countries that the article singles out and which I address in my Bills of Rights in the Common Law. In Canada, it is true, the leading appellate court decision characterizes the traditional, exclusionary definition of marriage as offending the dignity of persons in same-sex relationships.

At the time, lawyers would have based the equality claim for any group on a violation of human dignity. In turn, any judge allowing an equality claim would have used that lexicon. The Constitution affirms that the Republic of South Africa is founded on the value of human dignity. Its equality guarantee offers protection from discrimination based on sexual orientation. It is thus hardly surprising that judges regularly refer to dignity and that gay-rights claims have met success. Granted, doing comparative law requires stripping away details. One of the problems with culturalist approaches — often so derisory towards the functionalist comparison with which Finck aligns herself — is that the call for ever more detail, beyond legal sources, can be paralyzing.

In her widely ranging article, Finck embraces a broader set of sources than I would ever dare. I am grateful to Robert Leckey for his review of The role of human dignity of gay rights adjudication and legislation. A comparative perspective.