Flashcards in Same sex marriage SDP Deck (28):
final WILL def have
SDP-EP, maybe icc/dcc
Continuum for review at this point.
RB- RB+ i/s s/s
RB on SDP is for
age and wealth
legit gov objective
RB+ for SDP is for
Rb is more to the
animus against the group,discomfor, disdain.
I/S for SDP is for
how far along is I/S
not middle, much furter along
good fit, Important governmental objective + law substantially furthers the objective
SS for SDP is for
race, religion, national origin,
SS requires for SDP
perfect fit, compelling state interest, narrowly tailored, no less restrictive means
why does religion get SS when its not immutable trair
history of discrimination
ss FOR sdp ONLY IF
1. iMMUTABLE trait
2. Histroical discrim
3. Politically powerless
once you disallow separation
legilization will soon follow
Romer- laws targeting sexual orientation grounded in animus
romer sees dignity as a
lawrence v texas decriminalized
sexually intimate acts
Windsor says- if fudnamental right must use
How did feds recognize marriage
Look what states recognizes- FEDERALISM!
Most states use "Palce of celebration" which is
i. If place where marriage occurs makes it legal, the state will recognize the marriage.
example of place of celebreation
1. I.E. state x marriage at 14 is cool, if marry in x, then move to Y, even if Y doesn’t allow, they will recognize under (POC).
limits to POC
1. violates states public policy (polygamy)
2. Evasive marriage
evasive marriage ex.
i. Left jurisdiction TO find a jurisdiction that will do marriage that orig state doesn’t
Opinion in Windsor. conferred that states...
will have to recognize marriage that are against their public policy due to the full faith and credit clause.
Judicial Activism is:
i. Engaging court to strike down democratically passed legislation.
1. 1 man 1 woman & states don’t have to recognize other states marriages that they don’t recognize.