Legal Threats to Traditional Marriage: Implications for Public Policy : Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Eighth Congress, Second Session, April 22, 2004, Volumen4U.S. Government Printing Office, 2004 - 148 páginas |
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Página 3
... Federal benefits , such as Federal em- ployee health insurance . When such applications are denied under the Federal Defense of Marriage Act ( DOMA ) , such denials can be expected to be challenged in Federal court on the grounds that the ...
... Federal benefits , such as Federal em- ployee health insurance . When such applications are denied under the Federal Defense of Marriage Act ( DOMA ) , such denials can be expected to be challenged in Federal court on the grounds that the ...
Página 6
... Federal Defense of Marriage Act , while proclaiming marriage for purposes of Federal law as only male - female couples , attempts to establish this sort of Maginot line . States will not be required under the Full Faith and Credit ...
... Federal Defense of Marriage Act , while proclaiming marriage for purposes of Federal law as only male - female couples , attempts to establish this sort of Maginot line . States will not be required under the Full Faith and Credit ...
Página 7
... Federal Marriage Amendment and Rule by Judges , " which is scheduled to appear shortly in the Harvard Journal of Law and Public Policy . My testimony does not represent the views of my law school , or any other organization or person ...
... Federal Marriage Amendment and Rule by Judges , " which is scheduled to appear shortly in the Harvard Journal of Law and Public Policy . My testimony does not represent the views of my law school , or any other organization or person ...
Página 8
... federal government have in the past decade enacted Defense of Marriage Acts.9 The Federal Defense of Mar- riage Act , enacted in 1996 , while proclaiming marriage for the purposes of federal law as only male - female couples , attempts ...
... federal government have in the past decade enacted Defense of Marriage Acts.9 The Federal Defense of Mar- riage Act , enacted in 1996 , while proclaiming marriage for the purposes of federal law as only male - female couples , attempts ...
Página 9
... federal con- stitutional grounds as inconsistent with either the Full Faith and Credit or the Equal Protection clause.12 After Romer v . Evans 13 and Lawrence v . Texas , 14 such an effort might plausibly succeed . But the stronger ...
... federal con- stitutional grounds as inconsistent with either the Full Faith and Credit or the Equal Protection clause.12 After Romer v . Evans 13 and Lawrence v . Texas , 14 such an effort might plausibly succeed . But the stronger ...
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Términos y frases comunes
activists American argue benefits CHABOT child civil marriage civil unions CODE ANN cohabitation CONGR CONGRESS THE LIBRARY constitutional amendment Credit Clause cultural decision Defense of Marriage definition of marriage denied discrimination divorce Dwight Duncan equal protection Faith and Credit family dissolution federal DOMA Federal Marriage Amendment Full Faith gay and lesbian gay marriage gender couples Goodridge heterosexual homosexual marriage issue marriage licenses Joseph Justice KURTZ Lawrence legislation legislature lesbian LIBRARY OF CONGRESS marital Marriage Act marriage and parenthood marriage laws marriage licenses Massachusetts court NADLER nation Netherlands Norway Norway's OLIPHANT opinion out-of-wedlock birth out-of-wedlock birthrate parents partner percent persons Petitioners plaintiffs prohibiting public policy recognition of same-sex recognized registered partnerships relationship riage right to marry same-gender couples same-sex couples same-sex marriage Scandinavia Section 29 Senate social spouse STAT State's statutes Supreme Judicial Court traditional marriage U.S. Supreme Court unconstitutional United W.Va West Virginia
Pasajes populares
Página 41 - The law, however, is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed.
Página 11 - At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life.
Página 74 - The validity of marriage will be determined by the local law of the state which, with respect to the particular issue, has the most significant relationship to the spouses and the marriage under the principles stated in §6.
Página 108 - Marriage in the United States shall consist only of the union of a man and a woman. Neither this constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.
Página 101 - These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment.
Página 64 - At the same time, the candid citizen must confess that if the policy of the Government, upon vital questions affecting the whole people, is to be irrevocably fixed by the decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 39 - 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.'.
Página 70 - 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.".
Página 40 - The marriage ban works a deep and scarring hardship on a very real segment of the community for no rational reason. The absence of any reasonable relationship between, on the one hand, an absolute disqualification of same-sex couples who wish to enter into civil marriage and, on the other, protection of public health, safety, or general welfare, suggests that the marriage restriction is rooted in persistent prejudices against persons who are (or who are believed to be) homosexual.
Página 41 - State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bowers's validation of laws based on moral choices. Every single one of these laws is called into question by today's decision...