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same-sex marriage

Federal Judge Declares DOMA Unconstitutional

November 20, 2009

     Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals has found a key provision of the Defense of Marriage Act unconstitutional. 

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Maine Rejects Gay Marriage – Washington State Approves Domestic Partnerships

November 4, 2009

     Voters in Maine and Washington State voted yesterday in referenda on whether to approve or disapprove laws that had been adopted by their state legislatures relating to the recognition of same-sex unions.  In Maine, the voters decided to reject a law that would have recognized same-sex marriage.  In Washington State the voters ratified a [...]

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Is Marriage a Constitutional Right or Merely a Governmental Benefit?

June 23, 2009

     Under the Constitution the government is not obligated to grant us benefits.  However, the Constitution prohibits the government from interfering with our fundamental rights.  Is marriage a right or a benefit?  The question obviously has legal significance, but it also has important political consequences.  Nate Silver of FiveThirtyEight points out that public attitudes towards same-sex marriage seem to be [...]

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Gay Rights and Free Exercise: (4) National Organization for Marriage Arguments that Same Sex Marriage Violates Their Rights

April 10, 2009

     The National Organization for Marriage has begun running a television advertisement opposing same sex marriage.  The advertisement asserts that "our freedom is being taken away," and features a number of persons briefly stating how the legal recognition of same sex marriage infringes upon their rights.  A "California physician" states that she must choose between her [...]

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A Proposed First Amendment Challenge to Proposition 8

November 16, 2008

     On November 4 California voters adopted Proposition 8, an amendment to their state constitution which simply states, "Only marriage between a man and a woman is valid or recognized in California."  Opponents of the measure contend that it was adopted in an unconstitutional manner because the California Constitution provides that while "amendments" to the [...]

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