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Marriage Laws

NATIONAL
January 26, 2013 | By David G. Savage, Los Angeles Times
WASHINGTON - Marriage should be limited to unions of a man and a woman because they alone can "produce unplanned and unintended offspring," opponents of gay marriage have told the Supreme Court. By contrast, when same-sex couples decide to have children, "substantial advance planning is required," said Paul D. Clement, a lawyer for House Republicans. This unusual defense of traditional marriage was set out last week in a pair of opening legal briefs in the two gay marriage cases to be decided by the Supreme Court this spring.
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OPINION
May 3, 2009 | Robin Wilson, Robin Wilson is a professor of law at Washington and Lee University School of Law.
As a growing number of states stand poised to pass same-sex marriage laws, they should consider this: It's possible to legalize gay marriage without infringing on religious liberty. But it takes careful crafting of robust religious protections. And no state has gotten that right yet. The country is deeply divided on same-sex marriage.
NEWS
December 19, 2013 | By Cindy Carcamo
New Mexico's highest court unanimously ruled Thursday it is unconstitutional to deny a marriage license to same-sex couples, making it the newest state to legalize gay weddings. The Supreme Court justices said the state must respect the marriages of all same-sex couples, including those who wed before their decision. Prior to the ruling, county clerks in eight New Mexico counties had started issuing marriage licenses to hundreds of same-sex couples.  “Barring individuals from marrying and depriving them of the rights, protections and responsibilities of civil marriage solely because of their sexual orientation violates the Equal Protection Clause under Article II, Section 18 of the New Mexico Constitution,” Justice Edward Chavez wrote for the court.
CALIFORNIA | LOCAL
June 21, 2007 | Maura Dolan, Times Staff Writer
The California Supreme Court on Wednesday asked lawyers clashing over same-sex marriage whether the state's domestic-partners law provides all the benefits of marriage, and whether the term "marriage" has special legal significance. The questions came in a request for supplemental briefings in legal challenges by the city of San Francisco and gay-rights advocates to the state law that limits marriage to a man and a woman.
CALIFORNIA | LOCAL
March 2, 2011 | By Maura Dolan, Los Angeles Times
California Atty. Gen. Kamala D. Harris urged a federal appeals court Tuesday to permit same-sex couples to marry during an appeal of last year's ruling that overturned Proposition 8, the 2008 ballot measure that banned gay marriage. In arguments filed with the U.S. 9th Circuit Court of Appeals, Harris asked the court to lift a hold on a federal court order directing the state to permit gays to marry. U.S. District Judge Vaughn R. Walker, who served on the bench in San Francisco, ruled in August that the marriage ban violated constitutional rights to due process and equal protection.
NEWS
March 26, 2013 | By Noam N. Levey and David G. Savage
WASHINGTON - The Supreme Court asked skeptical questions Tuesday of former Reagan administration lawyer Charles J. Cooper about his assertion that California's ban on gay marriage should be upheld. Chief Justice John G. Roberts, Jr. questioned Cooper as to whether his clients had standing to challenge lower court decisions overturning Proposition 8. Justice Anthony Kennedy, seen as the swing vote on the issue, asked about the rights of children whose parents are already married.
NEWS
March 7, 2013 | By David Lauter
With the rapid shift in public opinion toward same-sex marriage, opposition to changing marriage laws increasingly has become limited to a few slices of the electorate, according to an analysis of polling data by leading Republican and Democratic pollsters. The two major divides are a generational and cultural split, according to the analysis, which looked at data from the November exit polls. Among people who voted in the last election who are older than 65, opponents of legalizing same-sex marriage outnumber supporters 58% to 37%. But those older voters made up only about one-sixth of the electorate.
NEWS
March 26, 2013 | By Karen Kaplan, Los Angeles Times
Advocates for and against same-sex marriage will make legal arguments to the Supreme Court this week about whether laws such as the federal  Defense of Marriage Act and California's Proposition 8 run afoul of the Constitution.  Meanwhile, in medical literature, doctors, psychologists, sociologists and other researchers have been making the case that allowing gays and lesbians to marry results in tangible health benefits for the couples involved, their...
NATIONAL
June 6, 2006 | Maura Reynolds and James Gerstenzang, Times Staff Writers
The Senate opened debate Monday on a constitutional amendment to ban same-sex marriage, an issue Republican strategists hope will help drive conservative voters to the polls during fall congressional elections. At the White House, President Bush tried to rally support for the amendment, even though its backers said it was expected to fall well short of the 67 votes needed for passage.
OPINION
September 10, 2005 | Tobias Barrington Wolff, TOBIAS BARRINGTON WOLFF teaches law at UC Davis and is on the Equal Justice Society's board of directors.
IF GOV. ARNOLD Schwarzenegger follows through with his planned veto of the historic "marriage equality" bill enacted by the California Legislature, it will be a defining moment in his legacy. A public official who acts as a mere cipher for public opinion has not met the test of leadership. Leadership sometimes calls on officials to challenge us all to recognize principle, and to overcome fear and prejudice in favor of what is right.
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