The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections

By Mark Strasser | Go to book overview

NOTES
1.
See Cal Thomas, "Marriage from God, Not Courts", in Robert M. Baird & Stuart E. Rosenbaum eds., Same-Sex Marriage: The Moral and Legal Debate, 42, 42 ( New York: Prometheus Books, 1997) (the "main event" involves the constitutional amendment).
2.
See Romer v. Evans, 517 U.S. 620 ( 1996).
3.
Id. at 627.
4.
Id. at 624.
5.
See Evans v. Romer, 854 P.2d 1270, 1276 (Colo. 1993) (en banc) ("the Equal Protection Clause guarantees the fundamental right to participate equally in the political process and . . . any attempt to infringe on an independently identifiable group's ability to exercise that right is subject to strict scrutiny") (citing Dunn v. Blumstein, 405 U.S. 330, 336 [ 1972]).
6.
Harper v. Virginia State Bd. of Elections, 383 U.S. 663, 670 ( 1966) ("where fundamental rights and liberties [like the right to vote] are asserted under the Equal Protection Clause, classification which might invade or restrain them must be closely scrutinized and carefully confined").
7.
Reynolds v. Sims, 377 U.S. 533, 560-61 ( 1964).
8.
Race is suspect (see Loving v. Virginia, 388 U.S. 1 [ 1967]), gender is quasisuspect (see Craig v. Boren, 429 U.S. 190 [ 1976], employing intermediate scrutiny), while economic status and location within the state are non-suspect. See San Antonio School Dist. v. Rodriguez, 411 U.S. 1 ( 1973) (poverty not suspect). See also Gray v. Sanders, 372 U.S. 368, 380 ( 1963) (suggesting that neither occupation nor homesite is a legitimate basis for distinguishing between qualified voters, but also not suggesting that special scrutiny is required or even appropriate for that determination).
9.
Reynolds, 377 U.S. at 561-62.
10.
Id.
11.
Id. at 562.
12.
Id. at 562-63.
13.
Washington v. Seattle School District No. 1, 458 U.S. 457, 467 ( 1982).
14.
Gordon v. Lance, 403 U.S. 1, 8 ( 1971).
15.
Id. at 4.
16.
Id. at 5.
17.
Id. at 7.
18.
Harper, 383 U.S. at 666 ("a State violates the Equal Protection Clause of the Fourteenth Amendment whenever it makes the affluence of the voter or payment of any fee an electoral standard").
19.
Romer, 517 U.S. at 632.
20.
Id. at 633.
21.
Id.
22.
Kotch v. Bd. of River Port Pilot Com'rs, 330 U.S. 552, 556 ( 1947).
23.
Personnel Administrator of Massachusetts v. Feeney, 442 U.S. 256, 273 ( 1979).
24.
Id. at 272 (citing Brown v. Board of Education, 347 U.S. 483 [ 1954]; McLaughlin v. Florida, 379 U.S. 184 [ 1964]).
25.
Id.

-66-

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The Challenge of Same-Sex Marriage: Federalist Principles and Constitutional Protections
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments ix
  • Introduction xi
  • 1 - Marriage Rights 1
  • Notes 19
  • 2 - Equal Protection 31
  • Notes 47
  • 3 - The Referenda 53
  • Notes 66
  • 4 - Retroactive Legislation 71
  • Notes 87
  • 5 - Full Faith and Credit 101
  • Notes 117
  • 6 - Subsequent Domiciles and Full Faith and Credit 125
  • Notes 143
  • 7 - Natural Law and Same-Sex Marriage 159
  • Notes 180
  • 8 - The Defense of Marriage Act 187
  • Notes 213
  • Selected Bibliography 225
  • Index 245
  • About the Author *
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