Same sex marriage SDP

Question 1

final WILL def have

Answer 1

SDP-EP, maybe icc/dcc

Question 2

Continuum for review at this point.

Answer 2

RB- RB+ i/s s/s

Question 3

RB on SDP is for

Answer 3

age and wealth

Question 4

rb requires

Answer 4

legit gov objective

Question 5

RB+ for SDP is for

Answer 5

sexual orientation

Question 6

Rb is more to the

Answer 6

middle

Question 7

rb+ requires

Answer 7

animus against the group,discomfor, disdain.

Question 8

I/S for SDP is for

Answer 8

gender, guns

Question 9

how far along is I/S

Answer 9

not middle, much furter along

Question 10

i/s requires

Answer 10

good fit, Important governmental objective + law substantially furthers the objective

Question 11

SS for SDP is for

Answer 11

race, religion, national origin,

Question 12

SS requires for SDP

Answer 12

perfect fit, compelling state interest, narrowly tailored, no less restrictive means

Question 13

why does religion get SS when its not immutable trair

Answer 13

history of discrimination

Question 14

ss FOR sdp ONLY IF

Answer 14

1. iMMUTABLE trait
2. Histroical discrim
3. Politically powerless

Question 15

once you disallow separation

Answer 15

legilization will soon follow

Question 16

Romer- laws targeting sexual orientation grounded in animus

Answer 16

unconstitutional

Question 17

romer sees dignity as a

Answer 17

constituional component

Question 18

lawrence v texas decriminalized

Answer 18

sexually intimate acts

Question 19

Windsor says- if fudnamental right must use

Answer 19

SS

Question 20

How did feds recognize marriage

Answer 20

Look what states recognizes- FEDERALISM!

Question 21

Most states use “Palce of celebration” which is

Answer 21

i. If place where marriage occurs makes it legal, the state will recognize the marriage.

Question 22

example of place of celebreation

Answer 22

1. I.E. state x marriage at 14 is cool, if marry in x, then move to Y, even if Y doesn’t allow, they will recognize under (POC).

Question 23

limits to POC

Answer 23

1. violates states public policy (polygamy)

2. Evasive marriage

Question 24

evasive marriage ex.

Answer 24

i. Left jurisdiction TO find a jurisdiction that will do marriage that orig state doesn’t

Question 25

Opinion in Windsor. conferred that states…

Answer 25

will have to recognize marriage that are against their public policy due to the full faith and credit clause.

Question 26

Judicial Activism is:

Answer 26

i. Engaging court to strike down democratically passed legislation.

Question 27

DOMA said:

Answer 27

1. 1 man 1 woman & states don’t have to recognize other states marriages that they don’t recognize.

Question 28

Windsor holding:

Answer 28

i. If you marry where same sex marriage is legal and live in a place where its legal- feds have to recognize it.
1. 2 men marry in NY, but move to TX
a. Feds don’t have to recognize it.