Lecture 22: Same-Sex Marriage
Same-sex marriage remains ______
rare
How many people today oppose gay marriage?
1/3
How many federal laws mention marital status?
>1000
What was gay marriage framed as in Canada?
A civil rights issue: equal protections argument
What happened in 2014?
Appeals Court of the 6th circuit upholds state constitutional ban of same-sex marriage, contradicting prior rulings of 4th, 7th, 9th, and 10th circuit: Triggers SCOTUS review
Which political parties strongly oppose or favor same-sex marriage?
Democrats: Highest support Independents: Second to last highest Republicans: Lowest support
Did statuary bands or constitutional bands occur first in most states?
First: Statuary bands Next: Constitutional bands by 2008
What is the gay marriage debate (for versus against)?
For: Basic human right Against: Challenged the notion of one man, one woman marriage
What are the moral concerns of gay marriage?
For: Signals relationship as a special status Against: Elevates the union to societal respectability which is unideal
What is the symbolic argument?
Gay marriage "most fully tests the dedication of people who are not gay to full equality for gay people"
What occurs in the absence of a will?
Goes to parents or children if not married
What were the state policies on same-sex marriage in 2000?
Nebraska voters approve a constitutional amendment banning same-sex marriage. California voters approve Proposition 22, which bans same-sex marriage in state law
What did SCOTUS 9/2013 do?
Struck down section 3 of DOMA, allowing federal marriage benefits for same-sex couples
What were the state policies on same-sex marriage in 2008?
The Connecticut Supreme Court rules that the state's constitution guarantees same-sex couples the right to marry. The Supreme Court of California rules that the state's constitution guarantees same-sex couples the right to marry. Later in the year, however, California voters approve a constitutional amendment (known as Proposition 8) banning same-sex marriage.
What were the state policies on same-sex marriage in 2003?
The Massachusetts Supreme Judicial Court rules that the state constitution gives gay and lesbian couples the right to marry, making the Bay State the first in the nation to allow same-sex marriage.
What are legal obligations entailed in marriage?
-Care and nurture -Financial support -Decision making in health care, education, upbringing -Physical housing, clothing, feeding
What are the anti gay marriage arguments?
-Marriage is not a creation of the law, but of God and is divinely limited to heterosexual unions -Marriage is only for heterosexual procreation -Children of gays and lesbians will be stigmatized -Gay marriage endangers heterosexual marriage
What do anti gay marriage activists fear?
-Polygamy -Any people with close ties can apply for the right to marriage benefits -Increase in divorce rates
What are some of the rights and benefits conferred by marriage?
-Spousal medicare and social security -Access to employer health insurance -Visitation, decision making, and custody for infirm -Visitation, decision making, and custody for children -Anti-discrimination statues -No subsidized housing -Immigration privileges -Tax benefits -Inheritance
How does religion affect favor of same-sex marriage?
1-Highly favor 5-Opposes 1. Religiously unaffiliated 2. White mainline protestants 3. Catholics 4. Black protestants 5. White evangelical protestants
What are the four main arguments of Obergefell v. Hodges?
1. "The right to personal choice regarding marriage is inherent in the concept of individual autonomy" 2. "The right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals" 3. The right to marry "safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education" 4. "Marriage is a keystone of our social order", and "there is no difference between same- and opposite-sex couples with respect to this principle"
Why was gay marriage historically framed as a moral issue?
Criminal overtones.
What did SCOTUS, 2013 do?
Granted federal recognition of same-sex marriages formed in states where same-sex marriage was legal even in states where it was not
How has public opinion towards same-sex marriage changed over time? Why?
It has become more favorable because the generations that oppose it are dying
How do other countries compare with same-sex marriage rights?
It varies greatly globally
What did Obergefell v. Hodges do in 2015?
Legalized same-sex marriage in all states
What were the state policies on same-sex marriage in 2004?
Local officials in California, New York, New Mexico and Oregon allow same-sex couples to marry. Those licenses ultimately are invalidated. Voters in Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon and Utah approve constitutional amendments banning same-sex marriage.
What are the material concerns of gay marriage?
Marriage confers material benefits and privileges that partnering does not
What are the symbolic concerns of gay marriage?
Marriage is a capstone experience that symbolizes success and infinite union, should be achievable for all.
What were the state policies on same-sex marriage in 2015?
On June 26, the U.S. Supreme Court rules all state bans on same-sex marriage unconstitutional - thus allowing gay and lesbian couples to marry in all 50 states. In the months preceding that ruling, same-sex marriage becomes legal in Florida and Alabama after federal courts strike down those states' same-sex marriage bans.
What were the state policies on same-sex marriage in 1996?
President Clinton signs the federal Defense of Marriage Act, upholding states' right to ban same-sex marriage and prohibiting the federal government from recognizing same-sex marriage.
What happened in 2015?
SCOTUS overturns all state bans on same-sex marriage
Until Lawrence v Texas in 2013...
Same-sex intercourse was criminalized in 13 states
What did DOMA do before 2013?
Section 3: defined marriage as legal union between man and woman at federal level Section 2: permitted states to not recognize any gay marriages formed in other states
What were the state policies on same-sex marriage in 2013?
The Supreme Court strikes down part of the federal Defense of Marriage Act, requiring the federal government to recognize same-sex marriages from the states where they are legal.
What does SCOTUS argue?
The protection of fundamental rights cannot rely on democratic process alone.
Do younger or older generations support same-sex marriage?
The younger the generation, the more support towards same-sex marriage
What is the equality argument?
Too many important rights are tied to marriage to deny to same-sex
Do whites or blacks favor same-sex marriage more?
Whites, despite the tendency for blacks to vote democratically
