Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2017-12-13
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Legal panel looks at SCOTUS marriage decisions
by Matt Simonette
2013-10-14

facebook twitter pin it google +1 reddit email


Three legal scholars marked Constitution Day Oct. 10 at IIT Chicago-Kent College of Law with a panel concerning the legal implications surrounding the Supreme Court's decisions overturning Proposition 8 and parts of the Defense of Marriage Act.

The panel built their talks around a question Justice Antonin Scalia asked during oral arguments in the Prop 8 case: "If gay marriage is unconstitutional, when did it become unconstitutional?"

Ilya Somin, professor of Law at George Mason School of Law in Arlington, Va., focused

at the the 14th amendment and how it applied to discrimination on the basis of gender, which is a key issue at the center of same-sex marriage litigation.

"At the time the amendment was written in 1868, it's certainly true that people accepted forms of sex discrimination that we would today say are wrong or unconstitutional," said Somin.

Indeed, some litigation around sex discrimination had taken place even by the 1870's, he added. Those proceedings generally found that the discrimination was acceptable because of cultural norms about women's roles and perceived abilities, and "over time those viewpoints changed as accepted knowledge about women's capabilities came to light."

But Somin acknowledged that trying to imagine what the amendments' authors would have reacted to same-sex marriage would be impossible.

"The dominant view was that same-sex relations were a sort of temptation that heterosexual people would fall into as a kind of sin," he said. "…People did not think of same-sex orientation as an orientation, much less recognize it as a category the 14th amendment might have something to say about."

Carolyn Shapiro, Associate Professor of Law at Chicago-Kent, discussed looking at the Constitution as a "living document," a process she said that is often derided by legal scholars.

"They see it as an admission that judges can make stuff up," Shapiro said. "Historically, though, that hasn't happened."

She said that looking for a "right answer" is often not the right approach when applying the constitution to legal questions, as it was a broadly written document. "Judges have to apply their own perspectives," she added.

"We don't live in a world where each case is decided in a vaccum—it's not," according to Shapiro. "…Judges can't move too far from the last precedent without having a very good reason—if you look through Supreme Court briefs, there is an awful lot about case law."

Prof. Katherine Baker, Professor of Law at Chicago-Kent, focuses much of her work on family law issues. She said that she had long perceived marriage as more than a simple collection of benefits. "If that is the case, than civil unions do the trick."

Several years ago, she wrote an article discussing the emotional and psychological components of marriage that many people report.

"Nowhere did I say marriage should be restricted to a man and a woman," said Baker. "But I got this response from anti-same-sex marriage folks—and they loved this article, which made me a little nervous. To this day, I'm on the mailing lists of these people."

She entered into a correspondence with a man who was against same-sex marriage. "He was using this term, 'genderless marriage,' as an oxymoron, and I was using it—with a wedding ring on my finger—as an ideal," Baker said.

The correspondence led her to the conclusion that many people valorize opposite sex-marriage because of a commitment to gender roles. The male archetype is a slovenly and uncouth man who will be softened by a woman. The female archetype is a woman who can be cared emotionally and financially for as she does a tremendous amount of unpaid labor.

"The typical liberal response is that the model is outdated and it violates legal norms of gender equality," Baker said. …"But marriage today is ( still ) an incredible gender factory."

"When I am home on the weekend, wearing jeans and a t-shirt, I have been referred to as 'a man' many times," she added. "I don't care, but the people calling me that are mad as hell."


facebook twitter pin it google +1 reddit email




Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

Bermuda Senate Votes to Repeal Marriage Equality 2017-12-13 - WASHINGTON, DC — Today, the Human Rights Campaign, urged the Governor of Bermuda — John Rankin — to veto legislation passed by the ...


Gay News

World news: Couple tortured, 'Trans Day of Rage,' Bermuda marriage repeal 2017-12-12 - A gay couple in Uzbekistan were arrested and tortured by police, who charged them with engaging in illegal sexual relations, NewNowNext reported. Male ...


Gay News

Australia legalizes same-sex marriage 2017-12-07 - After years of debate, Australia's Parliament has voted to legalize same-sex marriage, becoming the 24th in the world to do so, CNN reported. ...


Gay News

DANCE Love and marriage: Hubbard Street couple dance together 2017-12-06 - The story goes that Glenn Edgerton, the artistic director of Hubbard Street Dance Chicago, and Tom Mossbrucker, the artistic director of Aspen Santa ...


Gay News

World news: Marriage in Austria, U.S. envoy, Canada's payment 2017-12-05 - Same-sex couples will soon be able to marry in Austria, thanks to a ruling by the country's supreme court that a 2009 law ...


Gay News

Australians approve marriage equality 2017-11-15 - Australia has voted to change the definition of marriage to include same-sex couples in results announced Nov. 15, with 61.6 percent of the ...


Gay News

WNBA player marries in 'Dream Wedding' 2017-11-15 - The online wedding brand The Knot hosted a wedding for Olympic gold medalist and 2015 WNBA MVP Elena Delle Donne and fiancee Amanda ...


Gay News

Marriage Equality USA publishes The People's Victory 2017-11-13 - New York, NY - Marriage Equality USA ( MEUSA ) announces the release of an inspiring new book of essays showcasing the organization's ...


Gay News

Supreme Court to look at Masterpiece Cake v. Colorado and, in a way, marriage 2017-10-31 - In just a little over a month, the big bronze doors of the U. S. Supreme Court building will swing open as a ...


Gay News

WEDDINGS Yospin-Valentour 2017-10-11 - Marcia Yospin and Erin Valentour were married July 15 in the Crystal ballroom in Evanston. Photo of Yospin ( left ) and ...


 



Copyright © 2017 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.