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The New Civil Rights Movement: Gay Rights

The New Civil Rights Movement: Gay Rights. Chapter 6, Theme E. Historical Background . Why have states historically been given the right to legislate & regulate homosexual activity? What type of laws have states passed to regulate this type of behavior? Results?

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The New Civil Rights Movement: Gay Rights

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  1. The New Civil Rights Movement: Gay Rights Chapter 6, Theme E

  2. Historical Background • Why have states historically been given the right to legislate & regulate homosexual activity? • What type of laws have states passed to regulate this type of behavior? • Results? • Bowers v. Hardwick (1986): Georgia allowed to ban homosexual sexual activity • Right to privacy designed to protect “family, marriage or procreation”

  3. Change in the Courts • How did the Supreme Court shift views? • Romer v. Evans (1996): Colorado voters had adopted state constitutional amendment making it illegal to protect persons based on gay, lesbian or bisexual orientation 1. Supreme Court struck down Colorado amendment 2. Colorado amendment violated equal protection clause of the 14th Amendment

  4. More Change • How did the Griswold & Roe cases become precedents for Gay Rights? • Lawrence v. Texas (2003): Texas law banned consensual sexual conduct between persons of same sex 1. Supreme Court overturned law 2. Used same language it used in cases above—Implied right to privacy

  5. Gay Marriage • Although not mandated federally, same-sex couples can legally marry in 14 states & DC and receive state-level benefits. • Several states offer civil unions or domestic partnerships, granting all or part of the state-level rights and responsibilities of marriage. • 30 states have constitutional restrictions limiting marriage to one woman and one man (including NC) • Discuss Hollingsworth v. Texas case. • Discuss U.S. v. Windsor case.

  6. Written Response • Should the US Supreme Court declare state constitutional amendments that define marriage as only between one man and one woman unconstitutional? • Detail your opinion with sound legal reasoning from the precedents we have discussed. • Suggested length is ½- ¾ of a page.

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