[DOWNLOAD] "How State Supreme Courts Take Consequences Into Account: Toward a State-Centered Understanding of State Constitutionalism. (Symposium: State Constitutions)" by Stanford Law School " Book PDF Kindle ePub Free
eBook details
- Title: How State Supreme Courts Take Consequences Into Account: Toward a State-Centered Understanding of State Constitutionalism. (Symposium: State Constitutions)
- Author : Stanford Law School
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 498 KB
Description
INTRODUCTION The year is 1993 and the Hawaii Supreme Court has just declared--as a matter of state constitutional law--that the state prohibition of same-sex marriage constitutes gender discrimination. (1) Within a few years, thirty-five states enacted laws prohibiting the recognition of same-sex marriages and Congress, responding "to a very particular development in the State of Hawaii," (2) enacted the Defense of Marriage Act. (3) In Hawaii, voters overwhelmingly approved a state constitutional amendment authorizing the legislative prohibition of same-sex marriage. (4) For Bill Eskridge, the Hawaii decision was disastrous, "provok[ing] the biggest antigay backlash since the McCarthy era." (5) For Andy Koppelman, however, Hawaii "put the issue of same-sex marriage on the national agenda" and, in so doing, "was a triumph for gays. " (6)