[試題] 93年上 張文貞英美法導論期末考

[abacada (力量的極限)]

take home
2005. 1.10交

Final Exam

The current law in the State of Rhode Island does not allow gays and lesbians
to be marrued as a couple.  For more than a decade, Sherry and her partner
have been hoping a proposed constitutional amendment protecting a right to
marriage for gays and lesbians to be passed in the State of Rhode Island.
According to the Constitution of Rhode Island, however, any proposed
constitutional amendment must be approved by at least three fourths of the
representatives in the state legislature.  Due to this requirement, it has
been difficult for such a constitutional amendment to be passed.

This year, after the state legislature again failed to gather enough votes to
pass the amendment for gay marriage, Sherry and her partner decide to sue.
They are convinced that according to the U.S. Constitution, they are endowed
with a right to marriage as a person's fundamental liberty protected by the
Fourteenth Amendment, and that the prohibition of their gay marriage by Rhode
Island is a gross violation of their constitutional liberty without due
process.  In addition, they regard a tight to marriage as fundamental to a
right of privacy.  And, as far as a right of privacy is protected in the U.S.
Constitution, so is a right to marriage for everyone including gays and
lesbians.  Besides, Sherry and her partner believed that all persons are born
equal and their rights should be protected equallt.  As heterosexual people
are free to get married, so are homosexuals according to the Equal Protection
Clause of the Fourteenth Amendment.

More importantly, Sherry and her partner are also convinced that the reason
that the state legislature of Rhode Island fails to pass constitutional
amendment is because the required vote of passing a constitutional amendment
is too high.  And, they believe, this super majority requirement has made
constitutional amendment almost impossible in the State of Rhode Island, thus
in violation with the principle of democracy and unmet with the republican
form of government enshrined in the Quarantee Clause of the U.S. Constitution.

You were the lawyer whom Sherry and her partner approached for legal advice.
What would you say to them about their litigation?  Please whire down your
advice according to the following issues:

1)Are Sherry and her partner right in saying that say and lesbian have a right
   to marriage as fundamental liverty protected by the Fourteenth Amendment of
   the U.S. Constitution?
2)Are Sherry and her partner right in saying that gay and lesbian have a right
   to marriage as part of a right to privacy?  And, which provision(s) in the
  U.S. Constitution protects such a right to privacy?
3)Are Sherry and her partner right in saying that the super majority
  requirement has made constitutional amendment almost impossible in the State
  of Rhode Island, thus in violation with the principle of democracy and unmet
  with the republican form of government enshrined in the Guarantee Clause of
 the U.S. Constitution?
4)Do you think the court is likely or unlikely to take their cases?  Is there
  any possibility for Sherry and her partner to win this case in the court?

Please write down your analysis based upon precedents and what you know.  Your
 answer must be no less than five pages(double spaced) and due by 4pm, January
 10 with no further extension.  Good luck!  And, have a good winter break.

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推 machineboy:這篇也是一銀Orz  不過你是自己打的吧?
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