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Unformatted text preview: P HL TEST TWO STUDY GU IDE Question 1: Describe thoroughly the majority opinion in Goodridge vs. Department of Public Health, including its rationale and its conclusions. Provide a brief description of the dissenting opinion of Sosman. 1. GOODRIDGE VS. DEPARTMENT OF PUBLIC HEALTH (Chief Justice Margaret Marshall) 1. Denying the department’s reasons for rejection of licenses: couldn’t procreate, couldn’t raise children ‘optimally’, cost the state money 2. Marshall says why these are false: 1. Fertility tests aren’t required for opposite sex marriages – old couples, infertile couples, etc. – so marriage’s purpose is not just for procreation 2. No proof gays can't raise children just as well as straight couples 3. No proof gays are less financially dependent on their partners, no proof their children are more need than straight couples’ children 3. No rational reason for denying the right to gay marriage, therefore the state cannot prohibit it 1. Does not offend Mass. Constitution’s guarantee of equality before the law (equality of all citizens & no creation of 2 nd class citizens) 2. Liberty and due process provisions secure the right to marry whomever they choose (could no identify a constitutionally adequate reason for denial) 4. Denial is arbitrary and capricious; gay marriage ban didn’t meet rational basis test for either due process or equal protection – therefore need not use strict judicial scrutiny 2. SOSMAN 1. Because there isn't enough tests and data (evidence inconclusive) to prove gay couples are good at raising children, we shouldn’t allow gay marriage 2. Legislation need only to hold a minimal set of good reason to say that you can't get married (need only survive a minimal threshold of reality) 3. Postpone allowing gay-marriage until there is evidence Question 2: What role does mar riage play in sexual morality and/or in the law with respect to the following thinkers? 1. PUNZO 1. In sexual morality: 1. He says that sex is the most intimate form of a relationship and the closest you can get to another human being and you should be in love and (morally) married to some one before you have sex with them 2. If you aren’t morally married you can't have casual sex – values chastity 2. Doesn’t care about legal marriage (on paper), only wants people to be fully committed to one another or “morally” married 2. GALLAGHER 1. Marriage is bridging male-female divide and providing children with loving committed mothers and fathers 1. Not simply and artifact of law, not created by law, for more than just legal benefits...
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- Spring '08
- Homosexuality, Sexual intercourse, Human sexual behavior, TED, mar r iage