※ [本文轉錄自 gay 看板]
作者: Kukulza (小鬆餅) 看板: gay
標題: Re: [新聞]美國麻州法院，要求同志婚姻合法
時間: Wed Nov 19 19:12:58 2003
其他英文新聞參考
States determine marriage laws
CNN Tuesday, November 18, 2003 Posted: 3:13 PM EST (2013 GMT)
In the United States -- where marriage laws are determined on a
state-by-state basis -- the battle over gay marriage began in earnest
in 1993, when the Hawaii Supreme Court ruled that the state could not
deny same-sex couples the right to marry unless it found "a compelling
reason" to do so, and ordered the issue back to the state Legislature.
Courts in Alaska followed Hawaii's lead, and in those two states the
court decisions were followed by the adoption of constitutional amendments
limiting marriage to heterosexual couples.
The Hawaii ruling prompted several states to pass pre-emptive laws
forbidding gays from marrying, often also barring the recognition of a
same-sex marriage performed in another state.
Thirty-seven states have enacted some kind of ban on gay marriages,
according to Lambda Legal.
The federal government's Defense of Marriage Act (DOMA) -- while not
outright banning gay marriage to get around court rulings that bar federal
interference in state matters -- affirmed that states are not required to
recognize a same-sex marriage performed in another state.
DOMA also effectively bars the federal government from recognizing
same-sex unions by defining marriage as "a legal union between one man
and one woman as husband and wife" and spouse as "a person of the
opposite sex who is a husband or a wife."
Congress passed DOMA in 1996 and two years later voters in Hawaii approved
a constitutional amendment banning same-sex marriages.
But the Hawaii court's ruling followed the thinking of a 1967 U.S.
Supreme Court ruling that states could not bar anyone from marrying
without good reason. That ruling struck down state laws prohibiting
interracial marriage, which the court also said violated 14th Amendment
guarantees of equal protection.
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