Thursday, May 9, 2019

What are the justifications state legislatures have used to pass laws Thesis

What are the justifications state legislatures have used to pass laws legalizing very(prenominal)- get off espousals - Thesis Example?..59 Vermont..59 California.59 In Re Marriage suit of clothess...59 Prop. 8 and Strauss Case..66 Perry v. Schwarzenegger..67 Perry v. Brown.73 Conclusion..73 Bibliography.80 Cases and Statutes86 Abstract This dissertation will focus on an compendium of states where same-sex espousals has been legalized. The bulk of the analysis in this regard will be court decisions, as courts yield much more evidence and argument for their positions than do legislatures. The conclusion is that courts use different standards of review for same-sex wedding party, which indicates a clear split between jurisdictions on the matter. Another conclusion is that courts, in making their decisions regarding same-sex marriage cases, angle to reach in order to get to the desired conclusion. This seems to hold for both courts control against same-sex marriage and courts ru ling for same-sex marriage. The conclusion is that the courts that rule on... The researcher states that same-sex marriage has been a source of controversy in the modern era. Same-sex marriage implicates gay rights, as this is the basis for the success that homosexuals have had in recent years. The modern thought regarding homosexuals may be traced to 1977, which was a watershed year for the homosexual rights movement, according to Fejes. It was during this year that homosexuals began to be positively portrayed. States were in like manner eliminating sodomy laws, and more states began offering protections to gays and lesbians. Also during the 1970s, the same-sex jibes began nascent efforts to marry in 1970, the first gay couple attempted to obtain a marriage license in California. They were denied, as were other couples in Wisconsin and Colorado. During the 1980s, same couples pushed for marriage to a greater extent, as the era of AIDS was ushered in. AIDS affected same sex coup les, and encouraged them to pursue marriage, because same-sex couples were increasingly denied the right to make health care decisions for their ailing partner. The gay marriage debate picked up steam in 1993, as the state Supreme Court of Hawaii control that the states refusal to grant marriage licenses to same-sex couples was an unconstitutional form of sex discrimination that would need to be justified by a compelling state interest. However, this move by Hawaii produced a study backlash, in the form of the Defense of Marriage Act, which was passed by the federal government in 1993 in solution to Hawaiis decision.

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