(Download) "Two Cheers for State Constitutional Law (Symposium: State Constitutions)" by Stanford Law School # eBook PDF Kindle ePub Free
eBook details
- Title: Two Cheers for State Constitutional Law (Symposium: State Constitutions)
- Author : Stanford Law School
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 268 KB
Description
INTRODUCTION The story of marriage equality under state constitutions is quite mixed. The story begins when the Hawaii Supreme Court in Baehr v. Lewin indicated that strict scrutiny should be used for the prohibition of same-sex marriage on the ground it was gender discrimination. (1) The court explained that it was solely a person's sex that kept him or her from marrying someone of the same sex. (2) The Hawaii Court remanded the case to the lower court for the application of strict scrutiny under the Hawaii Constitution's use of this test for gender discrimination. Before this could occur, though, Hawaii voters amended their constitution to prevent marriage equality. (3)