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Download Same-Sex Marriage and the Constitution by Evan Gerstmann PDF

By Evan Gerstmann

The revised and increased moment variation of Same-Sex Marriage and the structure makes the case that the structure has lengthy safe the proper to marry, and that this defense contains definitely the right to marry anyone of an analogous gender. No different e-book makes this argument. This publication addresses different concerns, equivalent to why same-sex marriage is totally varied, either essentially and constitutionally, from polygamy and incest, and it debunks the parable that pro-same-sex marriage judgements have created a backlash opposed to both gays and lesbians or the Democratic celebration

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882 P. 2d 1335, 1347 (Colo. 1994), aff’d 116 S. Ct. 1620 (1996) and People v. E. Y. 1980), cert. S. 987 (1981), respectively. Both cited in Strasser 1997 at n. 138. ”75 Beginning in the early 2000s, opponents of same-sex marriage took a different tack in attempting to demonstrate a connection between legalization of same-sex marriage and a declining rate of children being raised in heterosexual married households. As more European nations began to adopt marriage-like rights for same-sex couples in the 1990s and the Netherlands and Belgium recognized same-sex marriage outright in the early 2000s, some argued that the European experience demonstrated the dangers of legalizing same-sex marriage or even allowing registered partnerships for gay and lesbian couples.

At 753. Eskridge 1996 at 112–113. ”71 These are reasonable points; and it is clear that the social science data certainly do not establish that same-sex households are not optimal environments for raising children. ”72 But this does not make it irrational for society to act on the unproven assumption that it is, on average, best for a child to be raised by his or her biological mother and father. All we can say for now is that the social science data so far indicate that we should be cautious about assuming that traditional families are better environments than same-sex families for raising children.

Ibid. at 1068 n. 49. One court, in Adams v. Howerton, 486 F. Supp. D. Cal. 1980), tackled the double standard issue by arguing that it is impossible to identify heterosexuals who cannot or will not have children. ” But if natural reproduction is so central to marriage that we ban same-sex marriage because gay and lesbian couples cannot have children, then it is not clear why asking whether people are sterile is any more intrusive than asking whether the couple are blood relatives or requiring blood tests, as some states do.

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