The constitution and gay marraige

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That is how many constitutions mandate equality. Gay couples kissed. Ecuador is now the eighth country in the Americas to take that step.

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In a landmark ruling issued inthe U. Supreme Court ruled that the Constitution allows for same-sex marriage, effectively overturning remaining restrictions in place in states. Most other states had enacted constitutional or statutory bans on same-sex marriage, known as "Defense of Marriage" Acts.

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Skip to content. Public Education. The mission of the Division is to educate the public about law and its role in society.

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The first draft of the new constitution, that was unveiled in July, included Article 68 redefining matrimony as gender neutral rather than between a man and a woman, a project promoted by the daughter of Communist Party head Raul Castro. Controversy over that amendment in the macho country dominated a nationwide, three-month public consultation on the new constitution designed to update a Soviet-era one. The most vocal critics of Article 68, the evangelical churches, threatened to shoot down the entire constitutional revamp over that single issue in the referendum on the final version scheduled for early next year.

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One of the great political debates that occupied our Founding Fathers was over the proper balance between democracy and individual rights. They had fought a war against the tyranny of a single monarch, but they were rightly concerned that the tyranny of the majority would do no better when it came to respect for minority rights. Fast forward to today and some see a form of this debate being replayed in two Supreme Court cases dealing with the contentious issue of gay marriage.

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Same-sex marriage in the United States expanded from one state in to all fifty states in through various state court rulings, state legislation, direct popular votes, and federal court rulings. Same-sex marriage is also referred to as gay marriagewhile the political status in which the marriages of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the law is referred to as marriage equality. The fifty states each have separate marriage lawswhich must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right that is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitutionas first established in the landmark civil rights case of Loving v.

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Ecuador's highest court has authorised same-sex marriage in a landmark case seeking to expand LGBT rights in the small South American nation. The Constitutional Court said same-sex marriage had been approved in a five-to-four vote of its nine judges in a closed hearing. Ecuadorwhere the church is very influential, thus joins ArgentinaBrazil and Colombia in recognising same-sex marriage.

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Chat with us in Facebook Messenger. Find out what's happening in the world as it unfolds. Photos: Same-sex marriage in the U.

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Same-sex marriage has been legalized in in twenty-seven countries, including the United States, and civil unions are recognized in many Western democracies. Yet same-sex marriage remains banned in many countries, and the expansion of broader lesbian, gay, bisexual and transgender LGBT rights has been uneven globally. International organizations, including the United Nations, have issued resolutions in support of LGBT rights, but human rights groups say these organizations have limited power to enforce these newly recognized rights.

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The FMA would also prevent judicial extension of marriage rights to same-sex or other unmarried heterosexual couples. An amendment to the U. Constitution requires the support of two thirds of each house of Congress and ratification by three fourths of the states.

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