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Gay Marriage presentation

PHL 300-02 Philosophy of Human Rights

Jordan Valois

on 16 December 2010

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Transcript of Gay Marriage presentation

Philosophical Views Mill Violation of the Harm Principle
Who is being harmed? Is marriage a right at all?
Does marriage need to be protected from injustice?
Is it a natural right, or government given? Dworkin Application of Paternalism
Is same sex marriage harmful to oneself?
Who's athority can dictate the harm involved? Locke or Bentham Considering marriage a natural right between men and women nullifies the argument for gay marriage being a right
Marriage viewed as a government given right provides the ability to argue that homosexuals are being subjected to a possible injustice Feinberg Obvious social dilemma over same sex marriage moral legitimacy.
Is there moral or social grounds for limiting homosexual liberty? History of Same Sex Marriage Rawls Equality can be viewed as at risk depending on if marriage is a right and the quality of civil union.
Even if marriage is not a universal right and civil unions act exactly as a marriage, Rawls would be wary of the implications. Court Cases Defining Marriage between one Man and one Woman. 1971 Minnesota- Baker v. Nelson
1973 Kentucky - Jones v. Hallahan
2002 Georgia - Burns v. Burns Defense of Marriage Act (DoMA) Signed into law by President Bill Clinton on September 21, 1996.
Defines marraige as a legal union between one man and one woman
States do not have to recognize same sex marriages from other states Civil Unions Started in Vermont in 2000, after the Baker v. Vermont court case
The Vermont legislature was ordered to either allow same-sex marriages, or implement an alternative legal mechanism according similar rights
2000- the Legislature complied by instituting civil unions for same-sex couples. Current State of Same Sex Marriage President Barack Obama is opposed to same-sex marriage He "supports full civil unions and federal rights for LGBT couples"
A full repeal of DoMA
Called California's Proposition 8 "unnecessary" The President's View Issues marriage licenses to same-sex couples: Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, and D.C Recognizes same-sex marriages from other states: Rhode Island, New York, Maryland Allows civil unions, spousal rights to same-sex couples: New Jersey Domestic Partneships provide nearly all spousal rights to unmarried couples: California, Oregon, Nevada, Washington Domestic Partnerships provide some state-level spousal rights to unmarried couples: Hawaii, Maine, District of Columbia, Wisconsin State by State Breakdown Massachusetts November 2003-
Supreme Judicial Court ruled that barring same-sex couples from civil marriage was unconstitutional
Began issuing marriage licenses to same sex couples in May 2004. California May 2008-
California Supreme Court ruled that same-sex couples should have the right to marry
Proposition 8 passed in November, again banning same sex marriage in California
Proposition 8 was challenged in early 2009, but the California Supreme Court upheld the law in May, 2009. International Perspectives Belgium (2003)
Spain (2005)
Canada (2005) South Africa (2006)
Norway (2008)
Sweden (2009) WOO!
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