Same-sex couples

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Baehr v. Mike

Hawaiian court first to rule that excluding same-sex couples from marriage was discrimination based on improper sexual classifications. -First court to demands compelling state interest before a state could deny same-sex couples a license to marry. -Denying marriage licenses o same-sex was unjustifiable; required the state to award marriage license to same-sex couples. -State appealed -On its way back to highest court for review -State redefined marriage to exclude same-sex couples. -State legislature proposed amending state-s constitution to define marriage between man and woman. -Approved by voters -Hawaii (aware of court's original ruling that same-sex couple were entitled to benefits of marriage) passed a second law creating new classification for committed same-sex couple's relationships: Reciprocal Beneficiaries -Awarded more economic benefits, but not marriage - Health plans, preferential real estate holding status, inheritance, and funeral/death benefits.

Goodridge v. Department of Public Health

Massachusetts Supreme Court ruled gay marriages are legal- First state to have gay marriages legal. - Same-sex couples denied marriage license - Sued state claiming they denied equal protection - Notified them of the many benefits they were missing out on O Property rights o Tax benefits - State is focusing on procreation - Mass. Supreme Court overruled saying state's reasoning didn't amount sufficient justification to allow discrimination

Obergefell v. Hodges

Obergefell Vs. Hodges (TEST) Groups of same sex couples challenging constitution of state's ban on same-sex marriage or refusal to recognize legality of marriages in certain states. Violated 14th Amendment. US Court of Appeals for 6th Circuit reversed and held state's ban on same-sex marriage and refusal to recognize marriages performed in other states did not violate couple's 14th Amendment rights to equal protection. State overturned Baker case

U.S. v. Windsor

The Defense of Marriage Act (DOMA), enacted in 1996, states that, for the purposes of federal law, the words "marriage" and "spouse" refer to legal unions between one man and one woman. Since that time, some states have authorized same-sex marriage. In other cases regarding the DOMA, federal courts have ruled it unconstitutional under the Fifth Amendment, but the courts have disagreed on the rationale.

Singer v. Hara

Two males applied for marriage license in Washington. State refused to give license; they challenged state under equal rights amendment Request denied due to definition of marriage Importance of marriage: procreation (court's concept) Cannot apply bc of married couples who are infertile don't fit definition What couples proposed wasn't marriage, court reasoned that couples were not being denied right to marry on their sex, but on physical characteristics.

Baker v. State

Vermont Supreme Court ruled that denying same-sex couples marriage licenses violated Vermont's constitution (Common Benefits clause) - Like Hawaii, the Vermont legislature passed "An Act Relating to Civil Unions" in 2000 to define a civil marriage as between a man and a woman and then created a "civil union." o Civil Union: identical to marriage. Same-sex couples obtained all legal benefits of marriage, but not the name. - Separate but equal type of feeling o Hundreds of same-sex couples traveled to Vermont for civil unions - 2005: NJ, NH, CT followed suit and passed civil union laws. - Colorado last to join in 2013.


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