California's Proposition 8 (2008):
Helpful Resources:
“Only marriage between a man
and a woman is valid or
recognized in California.”
http://www.pewforum.org/Topics/Issues/Ga
y-Marriage-and-Homosexuality/
  
http://www.ncsl.org/issues-research/humanservices/same-sex-marriage-overview.aspx
Defense of Marriage Act (1996)
‘‘No State, territory, or possession
of the United States, or Indian tribe,
shall be required to give effect to any
public act, record, or judicial
proceeding of any other State,
territory, possession, or tribe
respecting a relationship between
persons of the same sex that is
treated as a marriage under the laws
of such other State, territory,
possession, or tribe, or a right or
claim arising from such
relationship.’’
‘‘In determining the meaning of any
Act of Congress, or of any ruling,
regulation, or interpretation of the
various administrative bureaus and
agencies of the United States, the
word ‘marriage’ means only a legal
union between one man and one
woman as husband and wife, and the
word ‘spouse’ refers only to a person
of the opposite sex who is a
husband or a wife.’’
http://www.freedomtomarry.org/
http://gaymarriage.procon.org/
Straight Talk
on
Gay Marriage
Court Opinions:
Prop 8 District Court:
http://gaymarriage.procon.org/sourcefiles/pe
rry-schwarzenegger-prop-8-walkerdecision.pdf
Prop 8 Court of Appeals:
http://www.procon.org/sourcefiles/prop-8full-text.pdf
DOMA District Court:
http://scholar.google.com/scholar_case?
case=18269360752832114637&q=Edith+Windso
r+v+United+States&hl=en&as_sdt=2,23
DOMA Court of Appeals:
http://scholar.google.com/scholar_case?
case=5683321878140390719&q=Edith+Windsor
+v+United+States&hl=en&as_sdt=2,23&as_ylo
=2012
For More Information contact:
Lisa J. Schmidt
Schmidt Law Services, PLLC
(248) 764-8584
[email protected]
www.SchmidtLawServices.com
Hosted by:
Possible Outcomes
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Image source: http://www.freedomtomarry.org/states/
The Argument FOR
Gay Marriage
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Equal Protection
Combats 2nd class treatment
of LGBT citizens
“Traditional” marriage is a myth –
legal marriage changes over time
Facilitates gay adoption
Stabilizes gay families
Protects hospital visitation &
end-of-life care decisions
Marriage is about commitment
not procreation
Full Faith & Credit
Freedom of Religion
Does not threaten straight marriage
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If the Laws are Unconstitutional
The Court upholds states' rights to regulate
marriage
Prop 8 is upheld based on a rational state
interest
DOMA is upheld as protecting states'
autonomy
The Court recognizes gays and lesbians as
a protected class
All state constitutional and statutory gay
marriage bans are invalidated
Gay marriages qualify for full benefits
under federal law
States may not take away gay marriage
once it has been granted
States can still ban gay marriage but must
recognize marriages performed elsewhere
The Argument AGAINST
Gay Marriage
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Traditional definition of marriage
Weakens the institution of marriage
Slippery slope to polygamy,
incest, bestiality, etc.
Incompatibility with religious beliefs
Requires opponents' tax dollars
to support the institution
Children need to be raised by
a mother and a father
Assimilates gays into mainstream
culture, eliminating their vibrant
counter-culture
Marriage is about procreation
Marriage is a religious sacrament,
not a right
If the Laws are Constitutional
The Court upholds states' rights to regulate
marriage
Prop 8 is upheld based on a rational state
interest
DOMA is upheld as protecting states'
autonomy
The Court finds there is a rational basis to
support treating gay marriage differently
States have the specific authority to define
marriage
States may refuse to recognize gay
marriages performed elsewhere
Federal government may limit benefits
awarded to gay marriage
States may not pass new statutes or
constitutional amendments, but old ones
stand
Image source: http://www.theatlantic.com/daily-dish/
archive/2007/02/the-next-generation/230974/