Marriage and Civil Unions
Marriage is where the difference between the federal constitution and state constitution becomes important. For now, most gay rights litigators are not making arguments under the federal Constitution. Instead, they're arguing that state constitutions guarantee gays right to marry.
This savvy tactic keeps marriage cases away from an unsymphathetic Supreme Court, which can't review cases decided solely on state law grounds.
So far only Massachusetts permits gay couples to marry. Thanks to a landmark 2003 decision by that state's supreme judicial court. And even that decision is vulnerable, as conservatives are fighting for a state constitutional amendment taht would supersede the ruling.
Marriage is where the difference between the federal constitution and state constitution becomes important. For now, most gay rights litigators are not making arguments under the federal Constitution. Instead, they're arguing that state constitutions guarantee gays right to marry.
This savvy tactic keeps marriage cases away from an unsymphathetic Supreme Court, which can't review cases decided solely on state law grounds.
So far only Massachusetts permits gay couples to marry. Thanks to a landmark 2003 decision by that state's supreme judicial court. And even that decision is vulnerable, as conservatives are fighting for a state constitutional amendment taht would supersede the ruling.