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discussion gay marriage

discussion gay marriage - No strict scrutiny… more of...

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Gay marriage + gay rights cases… 2 issues: right to marry? Homosexual acts should be criminalized? Bowers v. Hardwick (criminalized) Lawrence v. Texas (reversed Bowers [appelled the law b/c privacy rights don’t apply]); law applied to heterosexuals too Baehr v. Lewin : Hawaii had to give marriage licenses to same-sex couples b/c of equal protection amendment (gender discrimination, not because it was cuz one person was gay) Goodridge v. MA : equal protection under the law for same-sex couples
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Unformatted text preview: No strict scrutiny… more of rational basis test… didn’t want to give the court an ‘easy way out’ of looking at the case… (redefined marriage so that law would no longer be rational-ish) Two consenting adults in a monogamous relationship: marriage definition Who should have the right to decide and define language? Court invalidates definition of man/woman marriage...
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