Constitutional Law: Gay Rights

Bush Administration regarding gay marriage

Bush opposed same-sex marriage. During his 2004 reelection campaign, he called for an amendment to the U.S. Constitution that would ban same-sex marriage in the United States but allow for the possibility of civil unions on the state level. He also stated in the famous Wead tapes that he would not "kick gays" and worried his refusal to do so might upset his evangelical supporters, and that "I think it is bad for Republicans to be kicking gays."

Woodard Vs. United States

Case concerning a man, whose sexual interests were same-sex, was kicked out of the army because of it; the courts upheld this decision

Stonewall Inn

Gay bar & National Historic Landmark, site of the 1969 riots that launched the gay rights movement.

How has the state of Missouri dealt with the question of gay marriage?

Missouri recognizes same-sex marriages. A state court ruling striking down Missouri's same-sex marriage ban ordered the City of St. Louis to issue marriage licenses to same-sex couples. St. Louis County and Jackson County also issue marriage licenses to same-sex couples. On June 26, 2015, the decision of the U.S. Supreme Court in Obergefell v. Hodges invalidated the denial of marriage rights to same-sex couples, including Missouri's.

Bowers Vs. Hardwick and Lawrence Vs. Texas

Reversing the second case, the first case showed how sodomy laws were invalid

Defense of Marriage Act

a United States federal law that, prior to being ruled unconstitutional, defined marriage for federal purposes as the union of one man and one woman, and allowed states to refuse to recognize same-sex marriages granted under the laws of other states

Boy Scouts of America v. Dale (2000)

a case of the Supreme Court of the United States decided on June 28, 2000, that held that the constitutional right to freedom of association allows a private organization like the Boy Scouts of America (BSA) to exclude a person from membership when "the presence of that person affects in a significant way the group's ability to advocate public or private viewpoints." In a five to four decision, the Supreme Court ruled that opposition to homosexuality is part of BSA's "expressive message" and that allowing homosexuals as adult leaders would interfere with that message. It reversed a decision of the New Jersey Supreme Court that had determined that New Jersey's public accommodations law required the BSA to readmit assistant Scoutmaster James Dale, who had made his homosexuality public and whom the BSA had expelled from the organization.

Loving Vs. Virginia

a landmark civil rights decision of the United States Supreme Court, which invalidated laws prohibiting interracial marriage. The case was brought by Mildred Loving, a black woman, and Richard Loving, a white man, who had been sentenced to a year in prison in Virginia for marrying each other. Their marriage violated the state's anti-miscegenation statute, the Racial Integrity Act of 1924, which prohibited marriage between people classified as "white" and people classified as "colored". The Supreme Court's unanimous decision determined that this prohibition was unconstitutional, overruling Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States.

February 2003 Massachusetts Supreme court ruling

a landmark state appellate court case dealing with same-sex marriage in Massachusetts. The November 18, 2003, decision was the first by a U.S. state's highest court to find that same-sex couples had the right to marry. Despite numerous attempts to delay the ruling, and to reverse it, the first marriage licenses were issued to same-sex couples on May 17, 2004, and the ruling has been in full effect since that date.

Civil Unions

a legally recognized union of a same-sex couple, with rights similar to those of marriage

July 2006 Washington State Supreme Court ruling

formerly Andersen v. Sims, is a Washington Supreme Court case in which eight lesbian and gay couples sued King County and the state of Washington for denying them marriage licenses under the state's 1998 Defense of Marriage Act (DOMA), which defined marriage as between a man and a woman. The court ruled that banning same-sex marriage is constitutional since the legislature could reasonably believe it furthers the government interest in promoting procreation.

Don't ask, Don't Tell policy

term commonly used for the policy restricting United States military personnel from efforts to discriminate or harass closeted homosexual or bisexual service members or applicants, while barring those who are openly gay, lesbian, or bisexual from military service

Ruling in May 2008 by the California Supreme Court concerning gay marriage

was a California Supreme Court case where the court held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and that an existing statute and initiative measure limiting marriage to opposite-sex couples violate the rights of same-sex couples under the California Constitution and may not be used to preclude them from marrying.