THE NEXT GAY CASE that the Supreme Court hears is likely to address the constitutional adequacy of civil unions, which provide separate-but-equal accommodations to gay couples. Nevada and Hawaii are the two states where constitutional challenges to traditional marital laws are currently most advanced in the federal courts. Both states have civil union arrangements […]
Issue Categories Archives: DOMA
Section 3 of the Defense of Marriage Act was ruled a violation of the principle of equal protection as guaranteed under the Fifth Amendment. One consequence of the ruling is that federal benefits such as the ability of a U.S. citizen to file for his or her spouse’s Lawful Permanent Residency (the “green card”) must now be granted to binational same-sex couples.
THIS FALL, while the Right was still staggering from the U.S. Supreme Court’s decision in Lawrence v. Texas, Massachusetts dealt conservatives another body blow when its highest court legalized same-sex marriage. In a 4–3 ruling authored by Chief Justice Margaret Marshall, the Supreme Judicial Court (SJC) held that denying marriage to homosexuals violates the […]