BU Now » same-sex 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 struck down

Dick Taffe — Thu, 05 Aug 2010 17:22:15 +0000

For the first time, a gay-marriage ban has been struck down on federal constitutional grounds. Federal court Judge Vaughn Walker’s ruling on California’s controversial Proposition 8, which had barred same-sex marriages in that state, now heads to the appeals court level and is expected to eventually be decided in the U.S. Supreme Court. Law Professor Linda McClain, an authority on family law, says Walker’s ruling that the one-man/one-woman marriage rule is a gender-role stereotype “artifact” from an earlier era gives like-minded Supreme Court justices a ready avenue to affirm the opinion.

“The court carefully reviewed how marriage laws used to mandate different roles for men and women and how California, like other states, has abolished all such restrictions except the one requiring that civil marriage be the union of one man and one woman. This provides a powerful line of argument because the Supreme Court has previously struck down laws rooted in gender role stereotypes rather than ‘real’ differences between the sexes. “

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

Hawaii legislature okays civil unions

Dick Taffe — Fri, 30 Apr 2010 21:10:46 +0000

The Hawaii legislature approved a civil-unions bill and sent it to Republican Gov. Linda Lingle, who has 45 days to either sign it or send it back to lawmakers for a possible override vote. Law Professor Linda McClain, an authority on family law and policy, says it’s significant this bill emerged through the democratic process in that the federal Defense of Marriage Act arose out of a supposed fear that Hawaii’s supreme court would approve same-sex marriage back in 1993.

“The passage of this bill is very significant because Hawaii was the first state that seemed poised to allow same-sex marriage, before the people of Hawaii approved a constitutional amendment reserving to itself the power to define marriage. It would be a notable postscript on this history if Hawaii now, through the democratic process, allowed civil unions.”

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

Obama and the DOMA

Dick Taffe — Tue, 16 Jun 2009 14:40:01 +0000

While the White House says President Obama is committed to signing a repeal of the Defense of Marriage Act, his Justice Department is committed to fighting any challenges to the DOMA until Congress changes the law. The Human Rights Campaign, a prominent gay-rights organization, protests the administration’s legal straddling. School of Law Professor Linda McClain, an authority on gender law, can discuss the ongoing legal wrangling.

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

N.H. same-sex marriage law a model?

Dick Taffe — Thu, 04 Jun 2009 17:23:29 +0000

In becoming the sixth state to legalize same-sex marriage, New Hampshire’s strategy was to extend marriage equality while affirming religious freedom. School of Law Professor Linda McClain, a family law authority, asks:

“Will this message from New Hampshire and other New England states — that separate is not equal in terms if dignity, respect, and legitimacy — call into question the civil union solution?”

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

N.H. to approve same-sex marriage

Dick Taffe — Fri, 15 May 2009 15:01:48 +0000

With New Hampshire’s governor saying he’ll sign a same-sex marriage bill into law when amended, that state is poised to become the sixth to legalize such unions. School of Law Professor Linda McClain, an authority on family law, says the Granite State’s evolution from approving civil unions to okaying full-fledge gay marriages indicates a legal trend.

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

Maine okays same-sex marriage

Dick Taffe — Wed, 06 May 2009 19:35:08 +0000

Law Professor Linda McClain, an expert in family law and policy, says it is interesting how Maine became the fifth state to legalize same-sex marriages when Governor John Baldacci signed the bill passed by the state Senate.

“Maine is interesting because it has a relatively modest domestic partnership law that is not nearly as inclusive as a civil union statute. Also, a court has not spurred either the domestic partnership law or this legislative action.

“The governor’s explanation of this issue as one of equal protection and anti-discrimination is notable. In the past, some governors have defended civil unions as honoring a state’s commitment to anti-discrimination but also upholding its marriage traditions. Governor Baldacci’s signing remarks suggest the growing success of arguments about marriage equality: having a separate legal institutions for same-sex couples is not really equality.

“Maine’s relatively easy ballot initiative process, however, may make this new law vulnerable. The governor clearly expects that there will be some effort to have a ‘people’s veto.’ How Maine voters view this issue — whether one of basic equality or one of preserving traditional marriage — may determine the fate of that initiative.

“The governor’s signing remarks also indicate that the importance of distinguishing civil marriage from religious marriage. He stresses that the law does not impair religious freedom, but it does uphold equal treatment under civil marriage laws. Being able to distinguish between religious and civil marriage once again plays a critical role in courts, legislatures, and governors opening up civil marriage to same-sex couples.

“Being able to distinguish civil and religious marriage allows the Maine legislature and the governor to pass a bill that is framed as ending discrimination in civil marriage and affirming religious freedom. Before, civil unions were defended as preserving marriage tradition while also ending discrimination. Maine has rejected this route as not really providing equality.”

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

Vermont okays gay marriage, a legal milestone

Dick Taffe — Tue, 07 Apr 2009 19:25:00 +0000

Law Professor Linda McClain, an authority on family law and policy, says Vermont’s legislature legalizing gay marriage marks an erosion of political resistance to same-sex unions – at least in that state.

“One objection to the Massachusetts high court’s approach of ruling that the constitutional remedy for excluding gay men and lesbians from marriage was that it was anti-democratic. By contrast the Vermont high court let the legislature choose the remedy.

“Now, the Vermont legislative branch has enacted a law extending marriage to same-sex couples. Whatever political resistance to doing so at the outset, when Baker v. State was decided, has eroded to the point where lawmakers, by a veto-proof majority, support opening up civil marriage itself.

“This development may also support the views of persons who said that civil unions (legal in Vermont since 2000) were a necessary step toward full marriage equality, allowing people to ‘get used to’ same-sex couples having a status like marriage, but not called marriage.”

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

Iowa high court shoots down gay-marriage ban

Dick Taffe — Fri, 03 Apr 2009 18:53:24 +0000

Law Professor Linda McClain, an authority on family law, says the Iowa Supreme Court’s ruling unconstitutional that state’s same-sex-marriage ban is a big legal deal but likely will be challenged.

“This is major. What may happen next is an effort, as in California, to overturn the court by amending Iowa’s constitution. By contrast to California, Iowans have not been living with a domestic partnership law for same-sex couples, so this is a very big development.”

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