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Policy Analysis: Same Sex Marriage Introduction

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Goodridge v. Department of Public Health (SJC-08860), a case heard in the Supreme Judicial Court (SJC) of the State of Massachusetts, asked the court to rule on the constitutionality (in the State of Massachusetts) of same-sex marriage. In its decision, the SJC held that barring an individual from the protection, benefits and obligations of civil marriage simply because that person would marry a person of the same sex was a violation of the Massachusetts Constitution (The Massachusetts Court System, 2003). The court stayed the entry of judgment for 180 days to permit the Massachusetts legislature to take such action as it may deem appropriate in light of the courtĘs opinion.

Subsequently, various states and local jurisdictions (e.g., New York, New Jersey, San Francisco) have adopted or attempted to adopt legislation permitting same sex marriage (Gourvitz & Gourvitz, 2002). At issue herein is the possibility of a constitutional amendment affecting the entire United States which would legalize same-sex marriage ū a move supported by this writer. A constitutional amendment would redefine marriage, extend the protections and benefits (as well as the duties and obligations) of marriage to disenfranchised citizens, and eliminate the disadvantages under which same-sex partners now labor. Stakeholders include primarily all same-sex partners and potential partners as well as other individuals who continue to regard marriage as legitimate only between a man and

. . .
x couples in the U.S. continues to rise as does the number of same-sex couples who are raising children. Legal recognition of such relationships is vital to protecting the emotional and economic well-being of these families, according them equal status and legal recognition on a plane identical with that of heterosexual marriage and removing the stigma that many same sex couples continue to feel. Most significantly, Gomes (2003) argues that the lack of equal protection disadvantages same-sex couples so significantly that the end result is the creation of a group of second-class citizens who are denied equality as understood in the U.S. Constitution. Gourvitz and Gourvitz (2002) noted that a number of organizations actively support a same-sex marriage amendment. Lambda, the National Gay and Lesbian Rights Coalition, and a substantial number of the members of the American Academy of Matrimonial Lawyers are among those groups supporting such an amendment. Same-sex marriage is also supported by the Association of the Bar of the City of New York and other state and regional bar associations (Report on Marriage Rightsą, 2004). A number of voices have been raised against same sex marriage. In May 2002, six U.S. Congressmen
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Approximate Word count = 1411
Approximate Pages = 6 (250 words per page)

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