BU Now » gay marriage

Calif. gay-marriage ruling challenge

Dick Taffe — Mon, 16 Aug 2010 16:52:33 +0000

A federal appeals court this week considers a request to ban the resumption of same-sex marriages in Californina that would be based on a federal judge’s ruling which said the state had no constitutional right to block such marriages — which happened when voters approved Proposition 8 last year. Gay-marriage opponents want them to be put on hold until the case can be appealed to the U.S. Supreme court. Law Professor Linda McClain, an authority on family law, says California already is living with thousands of such marriages performed between the time the state Supreme Court said they were legal and when voters overruled the court with Proposition 8.

“So there is a precedent for having a period in which marriages are allowed, even if subsequent marriages are banned. And Californians are living with these marriages without evident harm to the institution of marriage.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

Calif. gay-marriage ban on trial

Dick Taffe — Mon, 11 Jan 2010 22:08:50 +0000

The federal court trial has opened in San Francisco on the case challenging California’s voter-approved ban on gay marriages, the so-called Proposition 8. Law Professor Linda McClain, an authority on family law and policy, says this case is a critical test of arguments for legalizing same-sex marriage.

“For opponents of same-sex marriage, a key point is that opening up the definition of marriage threatens to untie the knot that binds together sex, procreation, and parenting by ‘sending a message’ that marriage is not fundamentally about managing the consequences of heterosexuality. But it seems that the judge in the California case will press proponents of this argument to give more concrete evidence of how, precisely, opening up civil marriage will harm the institution of marriage.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

N.J. moves toward gay marriage

Dick Taffe — Tue, 08 Dec 2009 20:14:48 +0000

With a key committee approving a gay-marriage bill, the New Jersey legislature faces a showdown when the issue hits the full state Senate Thursday. Law Professor Linda McClain, an authority on family law, says New Jersey lawmakers must beware of efforts to infuse the debate over civil marriages with religious arguments.

“Religious opposition may well end up defeating this effort to bring about civil equality, but this does not mean that it is appropriate for government to allow appeals to scripture and to religious tradition to suffice as arguments against a law to extend civil marriage.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

Maine voters nix gay marriage

Dick Taffe — Wed, 04 Nov 2009 17:17:33 +0000

With a 53 pecent majority, Maine voters rejected that state’s new gay-marriage law, meaning same-sex marriage has lost in all 31 states in which it has been put to a popular vote. Law Professor Robert Volk, an authority on the law and sexual minorities and advisor to the Law School’s LGBT student group, called the vote disheartening.

“While the vote was close, the result shows that gay and lesbian Americans still have a lot of work to do before we can secure the rights enjoyed by other Americans.”

Contact Robert Volk, 617-353-3156, rvolk@bu.edu

D.C. considers gay marriage

Dick Taffe — Tue, 06 Oct 2009 15:06:55 +0000

The D.C. Council is considering a bill to legalize gay marriages in the District of Columbia. The question is, will Congress block it? School of Law Professor Linda McClain, an authority on the same-sex marriage national debate, says the answer revolves around whether conservatives will expend their political capital on this symbolic issue.

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

White House targets DOMA

Dick Taffe — Mon, 17 Aug 2009 16:17:39 +0000

Even as government lawyers keep defending the law, the Obama administration today filed court papers claiming the federal Defense of Marriage Act discriminates against gays and the law should be repealed. School of Law Professor Linda McClain, an authority on family law and gay rights, can talk about where this may be headed.

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

California high court ruling on same-sex marriages

Dick Taffe — Tue, 26 May 2009 13:17:48 +0000

California’s Supreme Court today upheld last November’s state’s Proposition 8 decision by voters that overturned the high court’s earlier ruling legalizing same-sex marriages. School of Law Professor Linda McClain, an authority on family law and policy, can comment on the legal ramifications of today’s decision.

“Perhaps this, in combination with the economic problems California faces, may spur a sober second look at how Californians regard their Constitution and what should be required in order to amend it.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu

New York same-sex marriage bill

Dick Taffe — Thu, 16 Apr 2009 14:54:06 +0000

With New York Governor Paterson introducing a same-sex marriage bill before that state’s legislature, Law Professor Linda McClain, an authority on family law and policy, says New York lawmakers may be pressured by other states moving quickly on this front.

“Is this peer pressure likely to have an effect ? Now that other lawmaking bodies are considering revising their marriage laws, it may put more pressure on New York lawmakers to explain why what is seen to be a matter of fairness and basic equality in other states is not seen that way in New York.”

Contact Linda McClain, 617-358-4635, lmcclain@bu.edu