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Gay marriage Gay marriage Presentation Transcript

  • Equal Marriage Rights forSame-Sex CouplesAlyssa Altman and Elijah Clark-Ginsberg
  • States with Gay Marriage, CivilUnions, or Domestic Partnerships Marriage (7 states and DC) Civil unions or domestic partnership (11 states)
  • Marriage vs. Civil Unions vs.Domestic Partnership✤ Marriage automatically conveys hundreds of rights✤ Many of these rights cannot be replicated in any other way✤ Civil unions and domestic partnerships are often not recognized outside the state in which they were performed✤ Civil unions and domestic partnerships simply aren’t marriage in name or in practice
  • Domestic partnership and civil unions aren’t good enough.
  • All couples deservethe right to marriage.
  • The Obstacles Do you think marriages between same-sex couples should or should not be✤ Public opinion remains largely divided, with just recognized by the law as over half the country supporting equal marriage valid, with the same rights as traditional marriage? rights for same-sex couples✤ Many states have passed constitutional 2% amendments limiting marriage to a man and a woman 45% 53%✤ The Defense of Marriage Act, limiting marriage to heterosexual couples at the federal level, is still in effect Should be valid Should not be valid Undecided
  • The Defense of Marriage Act✤ Section 2 states no political subdivision can be required to recognize same- sex marriages performed in other jurisdictions✤ Section 3 blocks the recognition of same-sex marriages at the federal level✤ Denies over 1,100 federal rights to same-sex couples✤ Many court challenges and repeal attempts✤ The Obama administration and Massachusetts and California state courts have found §3 to be unconstitutional✤ The Obama administration will no longer defend DOMA in court
  • “The President and I have concludedthat classifications based on sexualorientation warrant heightened scrutinyand that, as applied to same-sex coupleslegally married under state law, Section3 of DOMA is unconstitutional.” - Attorney General Eric Holder
  • President Obama and His Cabinet✤ Supports legalizing same-sex marriage despite being personally opposed✤ Supports the Respect for Marriage Act✤ Against a federal mandate requiring all states to perform same-sex marriages and supports states’ right to decide✤ Opposes DOMA and announced his administration would not continue to defend it in court
  • “You want to be commander in chief?You can start by standing up for themen and women who wear the uniformof the United States even when it’s notpolitically convenient.”- President Barack Obama on the repeal of DADT
  • The Proposal: Goals✤ Strike down the Defense of Marriage Act✤ Provide federal recognition and rights for couples in same-sex marriages and partnerships✤ Work to achieve recognition at the state level in all states✤ Maintain respect for federalism and dissenting opinions
  • The Proposal: Involving theJudiciary✤ DOMA is already being challenged in District and Appeals courts and may be argued before the Supreme Court.✤ If a certiorari petition is filed with the Supreme Court, President Obama should instruct Solicitor General Donald Verrilli to endorse it.✤ President Obama should instruct Solicitor General Verrilli to submit an amicus curiae brief supporting the nullification of DOMA.
  • The Proposal: Involving theLegislature✤ The Respect for Marriage Act is a proposed bill in Senate and House of Representatives.✤ It would repeal DOMA and provide federal rights and recognition to same-sex couples.✤ It would not require any state to recognize same-sex marriages.✤ It is supported by President Obama as well as President Clinton, who signed DOMA into law, and original DOMA sponsor Rep. Bob Barr.✤ President Obama should ramp up his support, encourage legislators to back the bill, and encourage voters to convey their support to their congresspeople.
  • The Proposal: Involving the States✤ If DOMA is struck down by the United States Supreme Court as unconstitutional, that sets a powerful precedent that rights and recognition cannot be limited based on sexual orientation✤ If state constitutional amendments limiting the definition are challenged in court, it is all but guaranteed that those amendments will be struck down.✤ This paves the way for states to legalize same-sex marriage on their own without direct interference from the federal government.
  • Who Benefits✤ Same-sex couples can finally get married and share equal rights nationwide✤ Particularly helpful to families facing bereavement, immigration, and health issues✤ A UCLA study determined that Iowa would have a net gain of $5.3 million per year as a result of legalizing same-sex marriage✤ Other states and the federal government would presumably see similar income gains
  • Who Suffers✤ There is no suffering, just perceived suffering.✤ Conservatives believe that same-sex marriage threatens the sanctity of the institution of traditional marriage.✤ Many of these arguments are based on biblical teachings, which we cannot allow to impact policymaking.
  • Bibliography✤ "Attorney General Declares DOMA Unconstitutional." The 1600 Report. 23 Feb. 2011. Web. 10 Apr. 2012. <http:// whitehouse.blogs.cnn.com/2011/02/23/attorney-general-declares-doma-unconstitutional/>.✤ Badgett, M.V. Lee; Baumle, Amanda K; Romero, Adam P.; & Sears, Brad. (2008). The Impact on Iowas Budget of Allowing Same-Sex Couples to Marry. UC Los Angeles: The Williams Institute. Retrieved from: http://escholarship.org/uc/item/ 4ps5c05m "Change in DOMA Policy Could Have Immigration Implications." Bromberg, Kohler Maya & Mashler, PLLC. Web. 07 Apr. 2012. <http://www.bromberglaw.com/2011/09/praesent-sed-diam-neque/>.✤ Fowler, Geoffrey A. "Marriage Law Goes to Court." WSJ.com. Wall Street Journal, 4 Apr. 2012. Web. 10 Apr. 2012. <http:// online.wsj.com/article/SB10001424052702304072004577323840802610610.html>.✤ "GLAD / Know Your Rights." Gay & Lesbian Advocates & Defenders. Web. 07 Apr. 2012. <http://www.glad.org/rights/>.✤ "Marriage, Civil Unions and Domestic Partnerships: A Comparison." EqualityMaine. Web. 07 Apr. 2012. <http:// equalitymaine.org/marriage-civil-unions-and-domestic-partnerships-comparison>.✤ Myers, Steven Lee, and Helene Cooper. "U.S. to Aid Gay Rights Abroad, Obama and Clinton Say." NY Times. New York Times, 6 Dec. 2011. Web. 7 Apr. 2012. <http://www.nytimes.com/2011/12/07/world/united-states-to-use-aid-to-promote-gay-rights- abroad.html?pagewanted=all>.✤ "Obama At HRC Dinner: GOP Presidential Candidates Must â  Stand Upâ   For Gay Soldiers." Obama At HRC Dinner: GOP Presidential Candidates Must Stand Up For Gay Soldiers. 10 Nov. 2011. Web. 10 Apr. 2012. <http://thinkprogress.org/lgbt/ 2011/10/01/333761/obama-at-hrc-dinner-gop-presidential-candidates-must-stand-up-for-gay-soldiers/?mobile=nc>.✤ Volksy, Igor. "Obama At HRC Dinner: GOP Presidential Candidates Must â  Stand Upâ   For Gay Soldiers." Obama At HRC Dinner: GOP Presidential Candidates Must Stand Up For Gay Soldiers. 1 Oct. 2011. Web. 10 Apr. 2012. <http:// thinkprogress.org/lgbt/2011/10/01/333761/obama-at-hrc-dinner-gop-presidential-candidates-must-stand-up-for-gay- soldiers/?mobile=nc>.