課程名稱︰英美法導論
課程性質︰群組必修
課程教師︰張文貞
開課學院：法學院
開課系所︰法律系法學組
考試日期（年月日）︰96.1.8
考試時限（分鐘）：一週後繳交
是否需發放獎勵金：是
試題 :
A few years ago, the Supreme Court of Massachusetts declared
unconstitutional a state law that had not allowed same-sex marriage. The
legislature of Texas, in fear that its state courts might hammer down similar
rulings, passes very quickly a state constitutional amendment forever
prohibiting same-sex marriage in Tesas.
Sherry, a successful CEO in a big oil company in Texas, and her partner
live in Texas for at least twenty years and always very active in participating
in local movements that sought to legalize same-sex marriage. As a result of
the constituional amendment in Texas, they felt that their equal right to
marriage and privacy protected by the Fourteenth Amendment of the U.S.
Constituion has been deprived without due process. They felt like that they-
together with several local gays organizations- would litigate against Texas
legislature as their passing of consituional amendment was in violation of the
federal Constituion.
However, the speaker of the Texas legislature made public announcements
indicating that the passing of constituional amendment to prohibit same-sex
marriage is a political decision and should be immune from judicial scrutiny.
Besides, the speaker argues that Sherry and her partner would lack standing
because they have not yet had any tangible harm as a result of this
constitutional amendment since they had not filed any marriage application
neither they had intended to.
You are the lawyer whom Sherry and her partner approached for legal
advice. What would you say to them about their potential litigation? Please
write down your advice according to the following issues:
1) Do Sherry and her partner have aequal right to marriage and privacy
protected by the Fourteenth Amendment of the U.S. Constitution?
2) Can sherry and her partner sue against the state legislature of Texas? Is
this a political question as the speaker argues? Why and why not?
3) Do Sherry and her partner have the standing to sue? Why and why not? Is
there any chance for Sherry and her partner to win this case in the court?
In the Supreme Court?
Please write down your analysis based upon whtat you have learned this
semester. Your answer must be no less than four pages (double spaced) and due
by 4pm, January 15, 2007, with no further extension. Good luck! And, have a
good winter break.
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※ 編輯: picturesque 來自: 140.112.223.67 (01/08 19:52)