Official Website tracking the progress of the complaint filed against the State of Arizona on January 6, 2014, for Marriage Equality. |
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Four States Gay Right Court Cases READ THE ENTIRE ARTICLE ONLINE Jillian Rayfield wries on TheWeek.com, "Since the early hours of 2014, there has been a flurry of activity in the courts over state bans on same-sex marriages. On New Year's Eve (apparently while also presiding over the ball drop in New York City), Supreme Court Justice Sonia Sotomayor granted a request by the state of Utah to temporarily block same-sex marriages, after a federal judge struck down a law prohibiting them in the state. Utah is just one of 33 states that have banned gay marriage. Those states have found themselves under legal assault since the Supreme Court last year struck down a portion of the Defense of Marriage Act and allowed Proposition 8, California's ban on same-sex marriage, to be nullified. Whatever happens in Utah, it's likely to have a domino effect in other states. In Oklahoma, for starters, a different federal judge struck down a similar state law, but blocked gay couples from marrying until a federal appeals court rules on the Utah case. The number of lawsuits challenging the constitutionality of these bans continues to grow — in the last two weeks alone, attorneys representing same-sex couples in both Florida and Arizona have filed new challenges — making it very likely that the fight will ultimately make its way back to the Supreme Court." References: |
Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare. |
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