Legalizing Gay Marriage: Vermont And The National DebateEvery 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. |
From inside the book
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Page 4
... recognize that the majority opinion can lay the groundwork for legal recognition of same - sex civil marriage.25 The Court has taken sides in the “ culture war , ” and the next step would be “ judicial imposition of homosexual marriage ...
... recognize that the majority opinion can lay the groundwork for legal recognition of same - sex civil marriage.25 The Court has taken sides in the “ culture war , ” and the next step would be “ judicial imposition of homosexual marriage ...
Page 7
... recognize same - sex mar- riage . As of May 2004 no state definitively grants or recognizes gay marriage . The Supreme Judicial Court of Massachusetts could have done so ; the court heard oral arguments in Goodridge v . Department of ...
... recognize same - sex mar- riage . As of May 2004 no state definitively grants or recognizes gay marriage . The Supreme Judicial Court of Massachusetts could have done so ; the court heard oral arguments in Goodridge v . Department of ...
Page 9
... recognizing the right of an individual to marry a person of a different race devalues the marriage of a person who marries someone of her own race . ” 78 To the contrary , “ extending civil marriage to same- sex couples reinforces the ...
... recognizing the right of an individual to marry a person of a different race devalues the marriage of a person who marries someone of her own race . ” 78 To the contrary , “ extending civil marriage to same- sex couples reinforces the ...
Page 12
... recognized.96 Or the lawmakers could adopt a “third way”—between the extremes of doing nothing or everything—and cre- ate a parallel system that offers same-sex couples every legal benefit and responsibility of marriage without the name ...
... recognized.96 Or the lawmakers could adopt a “third way”—between the extremes of doing nothing or everything—and cre- ate a parallel system that offers same-sex couples every legal benefit and responsibility of marriage without the name ...
Page 13
... recognize civil unions such as Vermont's.112 At the time Vermont's bill was passed, 31 states and the federal government had enacted statutes or state consti- tutional amendments refusing to recognize same-sex marriages in those or any ...
... recognize civil unions such as Vermont's.112 At the time Vermont's bill was passed, 31 states and the federal government had enacted statutes or state consti- tutional amendments refusing to recognize same-sex marriages in those or any ...
Contents
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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Common terms and phrases
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