Same sex marriage SDP Flashcards Preview

Con Law-DJ > Same sex marriage SDP > Flashcards

Flashcards in Same sex marriage SDP Deck (28):
1

final WILL def have

SDP-EP, maybe icc/dcc

2

Continuum for review at this point.

RB- RB+ i/s s/s

3

RB on SDP is for

age and wealth

4

rb requires

legit gov objective

5

RB+ for SDP is for

sexual orientation

6

Rb is more to the

middle

7

rb+ requires

animus against the group,discomfor, disdain.

8

I/S for SDP is for

gender, guns

9

how far along is I/S

not middle, much furter along

10

i/s requires

good fit, Important governmental objective + law substantially furthers the objective

11

SS for SDP is for

race, religion, national origin,

12

SS requires for SDP

perfect fit, compelling state interest, narrowly tailored, no less restrictive means

13

why does religion get SS when its not immutable trair

history of discrimination

14

ss FOR sdp ONLY IF

1. iMMUTABLE trait
2. Histroical discrim
3. Politically powerless

15

once you disallow separation

legilization will soon follow

16

Romer- laws targeting sexual orientation grounded in animus

unconstitutional

17

romer sees dignity as a

constituional component

18

lawrence v texas decriminalized

sexually intimate acts

19

Windsor says- if fudnamental right must use

SS

20

How did feds recognize marriage

Look what states recognizes- FEDERALISM!

21

Most states use "Palce of celebration" which is

i. If place where marriage occurs makes it legal, the state will recognize the marriage.

22

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).

23

limits to POC

1. violates states public policy (polygamy)
2. Evasive marriage

24

evasive marriage ex.

i. Left jurisdiction TO find a jurisdiction that will do marriage that orig state doesn’t

25

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.

26

Judicial Activism is:

i. Engaging court to strike down democratically passed legislation.

27

DOMA said:

1. 1 man 1 woman & states don’t have to recognize other states marriages that they don’t recognize.

28

Windsor holding:

i. If you marry where same sex marriage is legal and live in a place where its legal- feds have to recognize it.
1. 2 men marry in NY, but move to TX
a. Feds don’t have to recognize it.