Word: constitutionalized
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Just hours after the California Supreme Court ruled last week that marriage is a fundamental right enshrined in the state constitution - one fully available to gay couples - opponents gave warning that they were not about to let the divided high court have the last word. Brandishing more than 1 million...
It might not take 19 years for the Supreme Court to rule this time. Unlike Massachusetts, California has no residency requirement for marriage licenses. So beginning sometime next month, gay couples from all over America will be headed to California to be wed. Most of them will return to states...
Same-sex marriage has a short but heated history in the U.S. It first came to national attention in a 1993 Hawaii case, in which judges found that the state's constitution required a compelling reason not to extend to gays equal marriage rights. The ruling prompted Congress to push...
The debate over same-sex marriage, like the one that rages over abortion, is a testament to the judicial branch’s ability to shape societal institutions. As commentators have frequently noted, both sides have embraced the power of the court as a last resort in their struggles for...
Similar arguments have been set forth by a handful of conservatives, chief among them Andrew Sullivan. Yet Sullivan falls down when he resorts to the argument that gay marriage should be legalized because it will make a great number of gay Americans much happier. Sullivan calls the pursuit of happiness...