Tuesday, September 28, 2010

Same-Sex Marriage: A Selective Bibliography of the Legal Literature – by Paul Axel-Lute - Rutgers School of Law–Newark

INTRODUCTION
The movement to open civil marriage to same-sex couples achieved its first temporary success in 1993 with the decision of the Hawaii Supreme Court that the restriction of marriage to opposite-sex couples would be presumed unconstitutional unless the state could demonstrate that it furthered a compelling state interest. In response to this decision the state constitution was amended to allow the legislature to preserve that restriction. A similar court decision in Alaska in 1998 led to an even stronger constitutional amendment, itself defining marriage as between one man and one woman. In further reaction to the Hawaii case, the federal Defense of Marriage Act (1996) provided that no state would be required to recognize a same-sex marriage from another state, and also defined marriage for federal-law purposes as opposite-sex. The majority of the states also passed their own "marriage protection acts." (In November 2004, eleven more U.S. states amended their constitutions to prohibit same-sex marriage.)

In Vermont, after that state's Supreme Court held in 1999 that the state must extend to same- sex couples the same benefits that married couples receive, the legislature in 2000 created the status of "civil union" to fulfill that mandate. Connecticut adopted a similar civil union law in 2005.

In 2001, the Netherlands became the first country to open civil marriage to same-sex couples. Belgium became the second in 2003. In 2002 through 2004, courts in six Canadian provinces held that the opposite-sex definition of marriage was contrary to Canada's Charter of Rights, and in 2005 federal legislation extended same-sex marriage to all of Canada. Same-sex marriage was also legalized in Spain in 2005 , in South Africa in 2006, in Norway and Sweden effective in 2009, and in Portugal, Iceland, and Argentina effective in 2010.

In November 2003, the Massachusetts Supreme Judicial Court held that excluding same-sex couples from the benefits of civil marriage violated the state constitution, and in February 2004 that court further held that a "civil union" law would not be sufficient, and on May 17, 2004 Massachusetts became the first state in the United States where same-sex marriage per se is legal.
Read complete: Same-Sex Marriage: A Selective Bibliography of the Legal Literature – by Paul Axel-Lute - Rutgers School of Law–Newark
http://law-library.rutgers.edu/SSM.html

Basilica Artist Suspended Over DVD to ART Project – September 27, 2010 - My Fox Twin Cities
http://fathermartykurylowicz.blogspot.com/2010/09/basilica-artist-suspended-over-dvd-to.html

Gay marriage -> Restoring "Hope of Love" To Children In Early Childhood -> Marriage Equality – March 23, 2010 – Fr. Marty Kurylowicz
Marriage Equality, like Galileo, is the truth about the facts of growing up gay. Marriage Equality will not become a reality until people learn that its most vital purpose is that it restores the “hope of love” to children in early childhood – essential to their development and well-being for life. Without Marriage Equality we teach children how to hate love and how to be mean and indifferent to people as adults. With all due respect, without Marriage Equality we would teach them in much the same way as has been shown by Benedict XVI and the hierarchy, especially in their lack of care and protection of children for decades. http://fathermartykurylowicz.blogspot.com/2010/03/restoring-hope-of-love-to-children-in_23.html

No comments: