Same Sex

Question 1

How was the right to engage in sodomy scoped in Bowers

Answer 1

narrowly scoped

Question 2

Explain Bowers v. Hardwick

Answer 2

Hardwick arrested for engaging in homosexual activity in his own bedroom. State sodomy law.

Question 3

Holding in Bowers

Answer 3

UPHELD statute: right to privacy does not extend to right to engage in homosexual acts.

Question 4

What review was used in Bowers v. Hardwick

Answer 4

Rational basis review - rejects same sex intimacy as a fundamental right and there is no history or tradition of this right.

Question 5

Blackmun dissent in Bowers v. Hardwick

Answer 5

claim that in the fundamental fairness test - people do have rights to be let alone and we should not blindly imitate the past.

Question 6

Who did the Bowers statute affect?

Answer 6

Both same sex and straight

Question 7

Explain Lawrence v. Texas

Answer 7

Men were engaged in homosexual act and state law bans only same sex sodomy.

Question 8

What standard of review in Lawrence v. texas

Answer 8

rational basis with bite review

Question 9

Why did we not apply ss to Lawrence v. texas

Answer 9

this is not a fundamental right

Question 10

Holding in Lawrence v. Texas

Answer 10

Overturns Bower and strikes down statute - Due Process Clause and the Liberty Prong presumes autonomy of self that includes freedom of though, belief, expression and certain intimate conduct and protected right to same sex intimacy

Question 11

Scalia Dissent in Lawrence

Answer 11

There is no right to liberty under DPC and this is not a fundamental right. Today’s approach to stare decisis invites us to overrule an erroneously decided precedent if (1) its foundations have been eroded by subsequent decisions, (2) It has been subject to substantial and continuing criticism, (3) it has no induced individual or societal reliance that counsels against overturning.

Question 12

Explain Loving v. Virginia

Answer 12

Prohibited people who were white from marrying people who were not white

Question 13

Holding in Loving v. Virginia

Answer 13

STRIKES DOWN Virginia ban on interracial marriage. Freedom to marry has long been recognized as one of the vital rights.

Question 14

Explain Zablocki v. Redhall

Answer 14

Residents of Wisconsin who don’t have custody of their child and owe child support - the noncustodial parent cannot be married

Question 15

Holding in Zablocki v. Redhall

Answer 15

STRUCK DOWN: this impedes a vital person right to marry

Question 16

Explain Turner v. Safely

Answer 16

Prison regulation that only allows prison inmates to marry if the warden decides there is a good reason to grant the marriage

Question 17

Holding in Turner v. Safely

Answer 17

STRUCK DOWN = there is a fundamental right to marry

Question 18

Explain US v. Windsor

Answer 18

Defense of Marriage act describing marriage as only between men and women

Question 19

What standard of review in US v. Windsor

Answer 19

rational basis with bite rveview

Question 20

Holding in US v. Windsor

Answer 20

Same sex marriage protected from federal discrimination

Question 21

Explain Obergefell v. Hodges

Answer 21

State law prohibiting man from writing name on husband’s death certificate

Question 22

What standard of review in Obergefell

Answer 22

rational basis with bite review because of equal protection clause

Question 23

Holding in Obergefell

Answer 23

Fundamental right to marriage. Right to marriage is a fundamental right on the due process side and it can’t be denied to same sex couples on equal protection grounds .

Question 24

What four principles demonstrate reasons marriage is fundamental under Constitution

Answer 24

1. right to personal choice regarding marriage is inherent in the concept of individual autonomy and has existed historically
2. right to marry is fundamental because it supports a two person union unlike any other
3. safeguards children and families and draws meaning from related rights of childrearing, procreation and education
4. Marriage is a keystone of our social order

Question 25

Roberts Dissent in Obergefell

Answer 25

Defer to states. Majority is Lochnerizing and not following tradition.