Constitutional arguments for gay marriage

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Matthew S. In this photo, Koyuki Higashi left and Hiroko Masuhara celebrate and hold up their same-sex marriage certificate in Tokyo. Today 13 gay couples filed a lawsuit arguing the country's general rejection of same-sex marriage rights violates the constitution.

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Ullman, she was pregnant. The Trubeks had met at the University of Wisconsin, Madison, and married in The next year, while they were both students at Yale Law School, they filed a complaint against the State of Connecticut about a statute that prevented their physician, C.

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Chat with us in Facebook Messenger. Find out what's happening in the world as it unfolds. Photos: Same-sex marriage in the U.

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The highest court in the United States on Tuesday will hear arguments in one of the last major undecided civil rights struggles in American history — whether same-sex marriage is a constitutional right — but this particular landmark case for equality may already be open and shut. The US supreme court has a reputation for being contrarian and unpredictable. Its key swing votes are often shrouded in mystery until decisions arrive at the end of each term. Between the clever way the cases have been set up and the overwhelming pressure to answer to public demand, the end of state gay marriage bans is not just inevitable, court watchers say — the nine justices may be left with no other choice.

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Now that the Supreme Court has ruled same-sex marriage bans unconstitutional, both advocates and opponents of the decision are poring over the majority opinion and four dissents to understand why the justices chose one side or the other — and what that means for Americans. Amidst the legalese, intellectual barbs, and sweeping language, the justices have made it very clear how they view marriage, the role of sexual orientation in seeking to join that institution, and whether the Constitution guarantees same-sex couples the right to marry. Today is a big step in our march toward equality.

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The untold story of the improbable campaign that finally tipped the U. Supreme Court. The county clerk, Gerald Nelson, refused to give it to them.

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The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex. These cases come from Michigan, Kentucky, Ohio, and Tennessee, States that define marriage as a union between one man and one woman.

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The fervor of that defense has been obvious, across the country, in recent years, especially sincewhen the Hawaii Supreme Court signaled that same-sex couples in that state might soon gain a right to marry, under the state constitution. No state had previously even hinted at that, and the reaction of defenders of marriage was swift and widespread. As a result, the change did not happen in Hawaii, and would not, in any state, until Massachusetts' highest state court opened marriage to same-sex couples, nine years ago this month. The Hawaiian hint, of course, ran counter to a traditional understanding about marriage.

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Obergefell v. HodgesU. The 5—4 ruling requires all fifty statesthe District of Columbiaand the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities.

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But Justice Anthony M. Kennedy, whose vote is probably crucial, gave gay rights advocates reasons for optimism based on the tone and substance of his questions. In two and a half hours of arguments over whether the Constitution guarantees same-sex couples the right to marry, Justice Kennedy sent conflicting signals. At some points, he seemed wary of moving too fast and torn about what to do.

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