Word: same-sex
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...never voiced a word of enthusiasm for gay marriage. That has left scholars and longtime legal veterans of the gay-rights movement fearing disaster for gay marriage, should the issue be decided by the conservative-leaning Justices. "When I try to count the votes in favor of same-sex marriage on the Supreme Court, I have trouble getting to one," Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University, told TIME. (See a pictorial history of the U.S. battle for gay rights...
Next the question would be whether banning gay marriage achieves a legitimate government interest - and defenders of Prop 8 included more than a dozen such goals in a preview of their case filed last month. They argue that allowing same-sex marriage would weaken society and erode support for traditional marriage. They also say that it could lead to greater acceptability, and eventually legal recognition, of polygamy and marginalize the role of biological parents...
Some state courts have found that laws forbidding gay marriage achieve no legitimate interest at all. And others have ruled that while same-sex marriage bans may be rational, they can't survive a higher scrutiny that courts reserve for special classes of citizens - such as racial minorities and, on a more limited basis, women. No federal appeals court has so far held that gays and lesbians as a class are entitled to the special protection that requires heightened scrutiny of laws that discriminate on the basis of race or religion, for example. That may sound like a fine legal...
...matter how far up the line this case goes. Gay marriage is legal in five states, and no decision by the U.S. high court would preclude other states from expanding those ranks. "It is definitely true that the case (even if unsuccessful) would not sound the death knell for same-sex marriage," Marcosson says. "States are permitted to do things that they are not required to do by the federal Constitution...
...later married. Now, after spending three years researching the institution of marriage - and scrapping her first, 500-page draft - Gilbert has published Committed: A Skeptic Makes Peace with Marriage. She spoke with TIME about the real cost of getting married young, her feelings on prenuptial agreements and what same-sex unions might really mean for marriage and family values...