Title: Whats the Harm Changes and Challenges in Family Law Lesson
1Whats the Harm? Changes and Challenges in
Family LawLesson 4 The Future for Families
Working Effectively to Make the World Better for
Families by Lynn D. Wardle Bruce C. Hafen
Professor of Law J. Reuben Clark Law School,
Brigham Young University Presented at BYU
Education Week, August 21, 2009
2Welcome
- Thanks for coming (back) (How many 3d, 2d, 1st)
- Thanks to BYU Education Week for allowing this
class - Thanks to the room hosts!
- (Recommend Elder Packers keynote Devotional
Address yesterday, 8/18, defend your families) - Leave 5-10 mins Qs
- Resources
- 1) Marriage Family Law Research Project website
- http//www.law2.byu.edu/organizations/marriage_fam
ily/index.php (symposia, presentations, draft
papers, slides, links) - 2) Whats the Harm? Does legalizing same-sex
marriage really harm individuals, families or
society? (Univ. Press Am. 2008) BYU Bookstore -
Y - Same-Sex Marriage A Debate (Praeger 2003) BYU
Bookstore N, try Amazon.com
3Some Recent Good news -
- ME Poll (where 100,000 signatures collected,
only 55,087 needed for peoples veto ballot)
Poll in April 49.5 opposed SSM 47.3 supported
SSM. - Source Peter Cassels, Religious Groups play
major role . (8/18/09_) - NH Poll New Hampshire's legislature may have
passed a "gay marriage" bill that the governor
signed into law, but that hasn't translated into
statewide support, a new poll says. - The poll shows that by a margin of 49-41
percent, New Hampshire likely voters disapprove
of the law that made the state the sixth
nationwide to legalize "marriage" for homosexual
couples. Ten percent are undecided. The - poll was conducted by Research 2000 for the
liberal blog DailyKos.com, a fact that
conservatives say only adds to the poll result's
validity. - . . . In the poll, 18- to 29-year-olds
supported the law by a margin of 53-39 percent,
while 30- to 44-year-olds opposed it, 53-38
percent. That latter demographic, in fact, had
the highest opposition -- higher even than the
60-plus category (50 percent opposed, 40 percent
supportive). - Source Michael Foust / Baptist Press (7/21/09)
4Good News polls, contd
- IA The poll found 61 percent of Iowans would
vote for a constitutional limit to prohibit
same-sex marriage. It found 80 percent of
Republicans and 58 percent of independents
support an amendment. Democrats were split 47
percent for an amendment and 47 percent against
it. - Source James Q. Lynch, Poll finds resistance
to gay marriage (8/18/09) - In Iowa, a survey of 500 registered voters
showed that 67 percent favor of placing a
constitutional amendment on the ballot that would
prohibit "gay marriage. Source Michael Foust /
Baptist Press (7/21/09) - CA Equality California (and other gay groups)
will not support amendment to allow SSM in 2009
But if you look at the poll numbers since
November, they really havent moved at all.
(Marc Solomon of EC). Source Jesse McKinley,
Backers of Gay Marriage , NYT 7/27/09) - In fact, most public polling shows that support
for homosexual marriage has peaked and retreated
significantly from its high water mark.
(Statement of Ron Prentice, Executive Director,
ProtectMarriage.com on Equality California
Decision to Pursue a 2012 Election Repeal of
Proposition 8, Aug. 12, 2009) - US According to a recent CBS/New York Times
poll, support for gay marriage has dropped nine
percentage points from a 42 percent historic
high. According to Gallup, only 13 percent of
Americans believe that gay marriage would make us
better off, while 48 percent believe it would be
change for the worse. Source KJ Lopez, Winds
Shifting (8/1/09 Op-Ed) - POLAND Three quarters of people in Poland are
against allowing homosexual couples to wed,
according to a poll by GfK Polonia. 75 per cent
of respondents oppose the legalization of
same-sex marriage, while 87 per cent reject
allowing same-sex couples to adopt children.
Angus Reid, Global Monitor (8/5/09)
5Lecture 4 The Future for Families Working
Effectively to Make the World Better for Families
(Aug. 21, 2009)
- Outline
- Review/finish threats to civil rights from SSM
- Six top family issues in 2009-10 (includes
export/import) - What can be done? (President Hinckley Standing
for - Something!)
- How to do it Stand up, speak up, civic
involvement - patience, charity, courage.
- E. Why we must do it (for ourselves, families,
communities, nation, opponents,). - Examples HI AK 1998, CA 2008, MA parents,
VT/NV - one vote 2009 - F. Get Anxiously Engaged and Actively
Involved
6Recent Letter to IA Legislators from Religious
Liberty Experts
- Legalizing SSM w/o express accommodation will
cause a sea change in American law and
diminution of protection for religions and
persons of faith - Two categories of threats
- Under anti-discrimination statutes and
doctrines (housing, publica accommodation, small
businesses, religious summer camps, church
employees, etc.) - As unlawful discriminators and face penalties
(denied eligibility for public contracts, access
to public lands and facilities, licenses
(professional, business, food, serrvice,
accreditation, tax exempt status, etc.) - Source Letter to Hon. Chet Culver (Gov. IA) from
Prof. Robin Fretwell Wilson, et al., July 9,
2009 also Same-Sex Marriage and Religious
Liberty (2008).
7Other examples of losses of civil liberties
(from LDW article for ISFL Conference in Israel
- Intolerant anti-religious responses to
conflicting loyalties (God and State) re
marriage. - UK - Sir Iqbal Sacranie, Gen. Secy Muslim
Council of Britain investigated because said in
interview gays could change with therapy (2006). - -Catholic school forced to retain principal who
openly celebrated SSCU. - -Anglican bishop fined for refusing to hire
openly gay youth minister. - -New Rules (eff. 2010) forbid churches fire/not
hire employees (except clergy) because of sexual
practices. - -Registrars who object to performing SSCUs
pressured one forced to resign another
harassed, demoted (sued but lost, no religious
exemption). - -Pediatrician on adoption panel request to
abstain from SSC/P adoptions denied fired. - SWEDEN - Pastor Ake Green prosecuted, convicted
(SCt finally reversed) because quoted scriptures
against homosexual behavior (prosecutor argued
that other versions of the scriptures were
available). - -New SSM law requires churches (at least some)
to provide clergy to perform SSM ceremonies. - IRE - ICCL warned RC bishops risk prosecution
for hate speech for Vatican pamphlet against
homsexual relations. - Source Lynn D. Wardle, Marriage and Religious
Liberty Comparative Law Problems and Conflict of
Laws Solutions, ISFL Regional Conference,
Israel, June 7-9, 2009. - gtcontd
8Loss Civil Liberties re Marriage, contd
- CAN - BC denied teacher accreditation to
Evangelical Free Church of Canada - - BCHRC held Knights Columbus liable for
cancelling hall rental when learned for SS
ceremony - -Ont HRTrib gets complaint v. RC diocense for
240,000 atty fees for dismissing altar-server
who was cohabiting w/ SS partner - US-MA 12 JPs resign bec told must solemnize SSM
as well as trad marr - A recent poll of Massachusetts residents
revealed that 36 percent of voters who oppose
gay marriage agreed with the statement, "If you
speak out against gay marriage in Massachusetts
you really have to watch your back because some
people may try to hurt you. - Source Mark Calli, Is the Gay Marriage Debate
Over, Christianity Today, 24 July 2009, citing
http//www.nationformarriage.org/site/c.omL2KeN0Lz
H/b.5075687/apps/s/content.asp?ct7000219 . - CA 24/112 dep cnty clrks in SD asked for
exemption (told would be reassigned other jobs 18
w/drew applications) - -Alameda county granted deputy county clerks
(dcc) exemption if note from pastor - -Kern county stopped performing all marriages
- -LA county required all employees (DCCs) to
perform SSMs - -LA Times 23 CA counties allowed DCCs
accommodate, but 35 counties did not. - -North Coast Care Med. Group v. S.C., 139 P.3d 1
(CA 2008) no exemption for Dr. decline AI lesbian
couple because religion, but (then) OK deny if
not md. - -After Prop 8 passed, harassment, intimidation,
stalking, vandalism, violence, discrimination
against persons, businesses, churches that
supported Prop 8. - CN JPs can refuse to do any marriage (own
discretion) but not town clerks. - VT JPs can refuse to do any marriage but
pattern/per se refusal prob illegal - IA After Varnum Pub H Dept sent ltr all 99
county recorders MUST do SSM - NM HRC - Christian photographers liable for not
photo SS cere 6,600 fees - Source Lynn D. Wardle, Marriage and Religious
Liberty . . . . -
9B. Six top family issues in 2009-10
- Full Faith Credit cases DOMA repeal
- 2) Intimidation, harassment, persecution
abuse of power to promote the ssm agend - SSM Gay Adoption spread (eroding culture)
- Continuing quick-fix, first-resort divorce
- Continuing increase cohabitation cbow.
- November 2010 Election!!
101) Exporting Importing SSM, CU, and LGAds
Conflicts of Laws (choice of law, and
judgment-recognition) Issues
- What happens when a same-sex couple that married
in Massachusetts moves to a state that only
recognizes civil unions, or that forbids both SSM
and SSCUs (like UT)? - Such conflicts over importation and exportation
of controversial domestic relationships (called
conflict of laws) will dominate future legal
arguments about same-sex marriage.
11State Appellate or Federal Court Decisions
Involving Conflicts of Laws Re Same-Sex
Domestic Relationships, 2000 - 2007
- From Jan 2000 to April 2008, 22 federal/state
conflicts decisions re recognition of
SSM/CU/Adopt. - Ten denied recognition.
- Nine allowed recognition.
- Three split.
- Rate of case occurrence is increasing each
year!
12General US federal and state rules re
recognition of marriages from other jurisdictions
- General Rule Marriage valid where performed
(S-1), valid everywhere (S-2) unless it
violates the strong public policy of S-2. -
- Whether a sister state law violates strong public
policy depends on whether it can overcome the
presumption in favor of comity (courtesy/respect)
to laws of other sovereign public policy
exception is narrowly construed. -
- However, priority for forum policies (lex fori)
is a countervailing consideration. -
- Subjective, ambiguous standards give courts much
wiggle room. -
- Importance of SMAs to cabin judicial manipulation
of comity to force recognition. -
- Importance of federal DOMA (protects right of
states to decide for themselves neutral
prevents federal substantive law/ choice of law
to impose SSM on states ).
13DOMA
- Section 2 State Recognition
- 28 U.S.C. ? 1738C.
- "No State, territory, or possession of the
United States, or Indian tribe, shall be required
to give effect to any public act, record, or
judicial proceeding of any other State,
territory, possession, or tribe respecting a
relationship between persons of the same sex that
is treated as a marriage under the laws of such
other State, territory, possession, or tribe, or
a right or claim arising from such
relationship.". - Section 3 Federal
- 1 USCA ? 7. Definition of 'marriage' and
'spouse' - "In determining the meaning of any Act of
Congress, or of any ruling, regulation, or
interpretation of the various administrative
bureaus and agencies of the United States, the
word 'marriage' means only a legal union between
one man and one woman as husband and wife, and
the word 'spouse' refers only to a person of the
opposite sex who is a husband or a wife.".
14President Congress (DEM) Intend to Repeal DOMA
- 3 pending suits v. DOMA (2 in MA, 1 in CA)
- -President Obamas DOJ is defending DOMA.
- -DOJ memorandum filed defending DOMA in one suit
was criticized by gays who think President is
breaking his promise to them by defending DOMA. - -So latest DOJ memo said we think DOMA is
discriminatory and violation of equality, but
court should uphold it anyway. - On Monday, Obama said he still wants to ditch
the Defense of Marriage Act, calling the law
discriminatory even as his administration
defended it in court papers. (Source Nicole C.
Brambila, State resolution urging marriage
equality 8/18/09) - President Obama is sabotaging DOMA while
pretending to defend it in court . (Maggie
Gallagher, No Justice for Marriage, 8/19/09) -
15- C) Whats the Solution? What can I do? 5 Ideas
- 1st) Constitutional protection for conjugal
marriage and the marital family (start with state
constitutions) - Three serious reasons why no US Constitutional
protection for marriage and family. - Context of the Founding Era (not an issue)
- Structure (federalism in family law)
- Difficulty (amendment process)
- Three weak reasons why no state constitutional
amendments in 23 states. - Politics
- Anti-populist processes
- Lack of citizen interest/initiative
- To do Organize and work for SMAs (and later FMA)
16- Whats the Solution? What to do?
- 2d) Explicit Statutory Protections for Rights of
Religious Conscience, and for parents rights. - Constitutional Protects of Freedom of Religion
Have been judicially interpreted to very little
protection. - Statutory protections can provide a baseline.
- Cover SSM and Adoption by SSC/Ps
- To do Organize and work for statutory
protection of rights of conscience
17Statutory Protection of Rights, contd
- Robin Fretwell Wilson et al proposal
- No individual, no religious or denominations
organization, and no charitable or educational
organization which is operated, supervised, or
controlled by or connected with a religious
organization, shall be liable, penalized, or
denied benefits under the laws of this state,
including but not limited to laws regarding
employment discrimination, housing, public
accommodations, licensing, government contracts
or grants, or tax-exempt status, for refusing to
provide services, accommodations, advantages,
facilities, goods, or privileges related to the
solemnization of any marriage, for refusing to
solemnize any marriage, or for refusing to treat
as valid any marriage, if such providing,
solemnizing, or treating as valid would cause
such individuals or organizations to violate
their sincerely held religious beliefs, provided
that - a refusal to provide services, accommodations,
advantages, facilities, goods, or privileges
related to the solemnization of any marriage
shall not be protected under this section where
(i) a party to the marriage is unable to obtain
any similar services, accommodations, advantages,
facilities, goods, or privileges elsewhere, and
(ii) such inability to obtainn similar services,
accommodations, advantages, facilities, goods, or
privileges elsewhere constitutes a substantial
hardship and - no government employee may refuse to assist in
the solemnization of any marriage under this
section if another government employee is not
available and willing to do so.
18- Whats the Solution? What to do?
- 3rd) Get Informed
- Some potential source
- Alliance Defense Fund Defend the Family
- DefendMarriage.org (UFI) Doha Intl Institute
for Family - Studies Development
- DOMAWatch.org (ADF) Family Resource Council
- Focus on the Family Heritage Foundation
- Institute for Marriage Public Policy National
Organization for Marriage - ProtectMarriage.com Ruth Institute
- Whatstheharm.org Others? (your suggestions)
- Organize and read to get informed and share
information with others of similar values
19- Whats the Solution? What to do?
- 4th) Let your voice be heard respectfully and
regularly - Write letters (emails) and leave phone for to
government officials (President, Senator,
Congressman, Governor, state senator, state
representative, county officials, mayor, city
council representative, and keep writing
regularly. - Write letters to the editor of you newspapers, TV
radio stations re their policies, positions,
editorials, news coverage. - Discuss the issues appropriately with neighbors,
friends, family, class-mates, co-workers, etc. - At meetings of candidates (precinct meetings,
caucuses) ask questions about their policies and
votes. - Organize and work to get fair information
disseminated
20- Whats the Solution? What to do?
- 5th) Support, recruit, provide good candidates
- Attend meetings of candidates (precinct meetings,
caucuses) and ask candidates questions about
their policies and votes. - Recruit good persons to be candidates when none
are running - Be willing to help good candidates with some of
your time and - Consider becoming a candidate for appropriate
positions - Organize and work to get fair information
disseminated
21D. How to do it?
- Do it with patience, charity, courage.
- If we get angry, we have lost the battle.
- Speak with a public voice addressing public
interests/ morality not private
morality/interests
22Be Anxiously Engaged
- DC 5826-29
- 26 For behold, it is not meet that I should
command in all things for he that is compelled
in all things, the same is a slothful and not a
wise servant wherefore he receiveth no reward. - 27 Verily I say, men should be anxiously engaged
in a good cause, and do many things of their own
free will, and bring to pass much righteousness - 28 For the power is in them, wherein they are
agents unto themselves. And inasmuch as men do
good they shall in nowise lose their reward. - 29 But he that doeth not anything until he is
commanded, and receiveth a commandment with
doubtful heart, and keepeth it with slothfulness,
the same is damned. - Alma 3734
- 34 Teach them to never be weary of good works,
but to be meek and lowly in heart for such shall
find rest to their souls. - DC 633-34, 36
- 33 Fear not to do good, my sons, for whatsoever
ye sow, that shall ye also reap therefore, if ye
sow good ye shall also reap good for your reward. - 34 Therefore, fear not, little flock do good
let earth and hell combine against you, for if ye
are built upon my rock, they cannot prevail.
23Be Anxiously Engaged, contd
- Alma 6010-11
- 10 And now, my beloved brethren--for ye ought to
be beloved yea, and ye ought to have stirred
yourselves more diligently for the welfare and
the freedom of this people but behold, ye have
neglected them insomuch that the blood of
thousands shall come upon your heads for
vengeance yea, for known unto God were all their
cries, and all their sufferings-- - 11 Behold, could ye suppose that ye could sit
upon your thrones, and because of the exceeding
goodness of God ye could do nothing and he would
deliver you? Behold, if ye have supposed this ye
have supposed in vain. - Matthew 513-16 (compare 3 Nephi 1213-16
Verily, verily, I say unto you, I give unto you
to be . . .) - 13 Ye are the salt of the earth but if the
salt have lost his savour, wherewith shall it be
salted? it is thenceforth good for nothing, but
to be cast out, and to be trodden under foot of
men. - 14 Ye are the light of the world. A city that is
set on an hill cannot be hid. - 15 Neither do men light a candle, and put it
under a bushel, but on a candlestick and it
giveth light unto all that are in the house. - 16 Let your light so shine before men, that they
may see your good works, and glorify your Father
which is in heaven.
24A. Dean Byrd, Ph.D. Foster A Culture of
Humility
- To have a culture of humility you must
deliberately cultivate respect for expression of
differing points of view. - 1) Know what your own worldview is.
- 2) Be open to understanding the worldview of
others be willing to listen to and to describe
back others worldviews, not necessarily to agree
with them, but to understand. - Value diversity. You cannot have diversity in a
group if you do not have and allow for the
expression of different world views. - Recognize that our similarities stabilize us,
our differences enrich us. - Begin all discussions of controversial topics by
first finding what you agree on. Then move on to
explore and explain different perspectives and
positions.
25WHY do it?
- -One of our responsibilities as parents,
citizens, and especially scholars is to warn of
dangers - My experience at book camp, Ft. Knox, KY 1970
stand and other will also -
- - Elie Wiesel, Night Moishe the Beadle
- Elie Wiesel, Nobel Acceptance Speech I swore
never to be silent . . . . We must take sides.
Neutrality helps the oppressor, never the victim.
Silence encourages the tormentor . . . . We
too must speak up and get involved. - - President Gordon B. Hinckley, Standing for
Something - We go to great lengths to preserve historical
buildings and sites in our cities. We need to
apply the same fervor to preserving the most
ancient and sacred of institutions the family.
26- -Elie Wiesel
- There is so much to be done, there is so much
that can be done. One person a Raoul
Wallenberg, an Albert Schweitzer, a Martin Luther
King, Jr. one person of integrity can make a
difference, a different of life and death. - -President Gordon B, Hinckley wrote
- What we desperately need today on all fronts .
. . are leaders, men and women who are willing to
stand for something. We need people . . . who
are willing to stand up for decency, truth,
integrity, morality, and law and order . . . even
when it is unpopular to do so perhaps
especially when it is unpopular to do so. - We cannot effect a turnaround in a day or a
month or a year. But with enough effort, we can
begin a turnaround within a generation, and
accomplish wonders within two generations a
period of time that is not very long in the
history of humanity.
27- Conclusions
- Be of Good cheer!!
- We live in the best of times despite the
adversity and challenges. - We have a great opportunity to stand for
something. - By becoming informed and by speaking up
appropriately, courageously respectfully, and by
refusing to be intimidated or coerced into
silence we can make a huge difference. - Thanks for coming!
28Humor
29Extras
30I. Summary of (/191) States (/50) w/ SSM/CUs
A. LEGALIZED
- Same-Sex Marriage Legal Seven(7) Nations and
Six (6) USA States The Netherlands, Belgium,
Canada, Spain, South Africa, Norway Sweden
(US MA, CN, IA, VT, ME NH CA-overturned, ME
peoples veto pending) - Same-Sex Unions Equivalent to Marriage Legal in
Thirteen Nations and Five US States Denmark,
Norway, Sweden, Iceland, Finland, France,
Germany, Luxembourg, Slovenia, South Africa,
Andorra, Switzerland, UK, New Zealand (US CA,
NJ, OR, WA, NV) (CUs replaced by SSM in VT, CN,
NH) -
Global (US) Progress of Same-Sex Marriage, and
Marriage Equivalent Civil Unions or Partnerships,
1985-2009
31B. U.S. States Nations Prohibiting Same-Sex
Marriage/Unions
- Same-Sex Marriage Prohibited by law or appellate
court decision in Forty-two States - (All but MA, CN, IA, VT, ME, NH, NM, RI VT)
- Same-Sex Marriage Prohibited by State
Constitutional Amendment in Thirty (30) States - (AK, AL, AR, AZ, CA, CO, FL, GA, HI, ID, KY, KS,
LA MI, MS, MO, MN, NB, NV, ND, OH, OK, OR, SC,
SD, TN, TX, UT, VI, WI) - Same-Sex Civil Unions Equivalent to Marriage
Prohibited by State Constitution Amendment in
Nineteen (19) USA States - (AL, AR, FL, GA, ID, KS, KY, LA, MI, NB, ND, OH,
OK, SC, SD, TX, UT, VI, WI) - Thirty-seven (37) of 191 Sovereign Nations (19)
Have Constitutional Provisions Declaring Marriage
Union of Man and Woman (Armenia (art. 32),
Azerbaijan (art. 34), Belarus (art. 32), Brazil
(art. 226), Bulgaria (art. 46), Burkina Faso
(art. 23), Cambodia (art. 45), Cameroon (art.
16), China (art. 49), Columbia (art. 42), Cuba
(art. 43), Ecuador (art. 33), Eritrea (art. 22),
Ethiopia (art. 34), Gambia (art. 27), Honduras
(art. 112), Japan (art. 24), Latvia (art. 110
Dec. 2005), Lithuania (art. 31), Malawi (art.
22), Moldova (art. 18), Serbia (art. 62), Somalia
(art. 2.7), Suriname (art. 35), Swaziland
Constitution (art. 27), Tajikistan (art. 33),
Turkmenistan (art. 25), Uganda (art. 31), Ukraine
(art. 51), Venezuela (art. 77), Vietnam (art.
64). See also Mongolia (art. 16), Hong Kong Bill
of Rights of 1991 (art. 19). (E.g., Article 110
of the Constitution of Latvia now reads The
State shall protect and support marriagea union
between a man and a woman,)
32III. Adoption by Same-Sex Couples Partners
- Status of Law in USA (August 19, 2009) re
- Adoption of Children by Gay and Lesbian Couples
Partners - 21 States and DC have statutes or appellate court
rulings on whether same-sex couples/partners can
adopt seven other states have other legal
developments that strongly suggest what the
result will be so in a total of 28 states DC
the issue is largely resolved. The issue is
undecided in 22 states. - Adoption by homosexual individual not barred per
se in most states. -
- Prohibited 9 (AL, AR, FL, KY, MS, NE, OH, UT,
WI) - Probably Prohibited 1 (OK)
- Total Prohibited or Probably Prohibited 10
states -
- Allowed 13 (CA, CO, CN, DC, IL, IN, ME, MA,
NH, NH, NY, PA VT) - Probably Allowed 6 (IA, NC, NV, OR, TN, WA)
- Total Allowed or Probably Allowed 18 states
DC (19) - Undecided 22 (AL, AZ, DE, GA, HI, ID, KS, LA,
MD, MI, MN, MO, MN, NM, ND, RI, SC, SD, TX, VA,
WV, WY) - The policy varies according to which branch of
government took the initiative. As of 2006 In
11/16 sts where the courts had acted first
allowed lesbigay adoption In 4/5 states where a
legislature acted first to address the issue, the
rule adopted has barred lesbigay adoption.
33(No Transcript)
34Ten Court Rulings Mandating Same-Sex Marriage
- Hawaii Baehr v. Miicke, 196 WL 694235 (Haw.
Cir. Ct. 1996), or remand from Baehr v. Lewin,
852 P.2d 44, 67 (Haw. 1993), revd by
constitutional amendment (1998). - Alaska Brause v. Bureau of Vital Statistics,
No. 3AN-95-6562, 1998 WL 88743 at 6 (Alaska.
Super. Ct., Feb. 27, 1998) reversed by
constitutional amendment (1998). - Massachusetts Goodridge v. Department of Public
Health, 798 N.E.2d 941, 943, 959 Mass. 2003) In
re Opinion of the Justices to the Senate, 802
N.E.2d 565, 569-71 (Mass. 2004). - Oregon Li v. State, 2004 WL 1258167 (Or. Cir.
April 20, 2004), revd, 110 P.3d 91 (Ore. 2005). - Washington Andersen v. King County, 2004 WL
1738447 3,4,11 (Wash. Super. 2004) and Castle v.
State, - 2004 WL 1985215, 11 (Wash.Super. Sep 07, 2004),
revd Andersen v. King County 138 P.3d963 (Wn.
2006). - Maryland Deane v. Conway, Case No.
24-C-04-005390 (Cir. Crt. Balt. City, Md. Jan.
20, 2006), available at http//www.baltocts.state.
md.us/civil/highlighted_trials/Memorandum.pdf ,
revd Conaway v. Deane 932 A.2d 571 (Md. 2007). - New York Hernandez v. Robles, 794 N.Y.S.2d 579
(N.Y.Sup., Feb. 4, 2005) revd Hernandez v.
Robles 855 N.E.2d 1 (N.Y. 2006). - CaliforniaIn re Coordination Proceeding, Special
Title Rule 1550(c) Marriage Cases, No. 4365,
2005 WL 583129 (Cal. Super. Crt. San. Fran., Mar.
14, 2005), affd In re Marriage Cases, 183 P.3d
384 (Calif. 2008).
35Two Court Rulings Mandating Legalization of
Same-Sex Unions Equal to Marriage
- Vermont Baker v. State, 744 A.2d 864 (Vt. 1999)
(marr-equiv SSUs). - New Jersey Lewis v. Harris, 908 A.wd 196 (N.J.
2006) (marr-equiv SSUs).
36Eleven Constitutional Doctrines Invoked to
Mandate Same-Sex Marriage or Unions Eleven
Constitutional Doctrines Invoked to Mandate
Same-Sex Marriage, Strike SMAs and DOMAs, etc.
37Eleven Constitutional Doctrines Invoked to
Mandate Same-Sex Marriage or Unions
- -Equal Protection
- -Substantive Due Process Privacy
- -Substantive Due Process Right to Marry
- -Substantive Due Process Right of Association
- -Substantive Due Process Right to Expression
- -Privileges Immunities
- -Full Faith Credit
- -Bill of Attainder
- -Establishment of Religion
- -Freedom of Religion
- -Arbitrary and Irrational
38Resources