This paper discusses whether the denial of same sex-marriage is unconstitutional.
Written in 2008; 820 words; 13 sources; APA; $ 29.95
Paper Summary:
In this article the writer examines the constitutionality of bans on same-sex marriage. The writer reports on the analytic framework at issue in a case litigating constitutionality of an issue of this nature, and reports on decisions in recent cases from courts in Vermont, Massachusetts, New York, New Jersey, and California. The writer concludes that there have been differing interpretations on this issue, but the majority of courts have ruled that there is no fundamental right to same-sex marriage, so that the ban on same-sex marriage is not unconstitutional.
From the Paper:
"On the other hand, if the right does not affect a fundamental right, and is based on a non-suspect classification, it will be upheld so long as it reflects a "rational classification." Fundamental rights include those in the bill of rights. Suspect class is generally limited to race."
"Thus: is the right to marry a same-sex partner fundamental? The Supreme Court, in Loving v. Virginia, 388 U.S. 1 (1967), called marriage a fundamental right -- for a heterosexual couple.
"State courts to date have reached different conclusions. Massachusetts ruled marriage is a fundamental right, upholding same-sex marriage under the state constitution in Goodridge v. Department of Public Health (2003). (Grossman; Burge) In that case, a trial court ruled that the purpose of marriage was procreation."
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