Baker v State
FACTS
VT civil union case; justifies civil unions; ct said that when you deny marriage to gays you have violated the VT Constitution.
PROCEDURAL HISTORY
-The court sent the issue back to the legislature;
-The court identified the rationale, but didn’t say what needed to be done – it left it to the legislature to come up with the 1st civil union law.
ANALYSIS
-This is the beginning of the state created benefits of marriage:
1) division of property after death
a) claims of intestacy & elective share
2) insurance policy rights
3) tax breaks
4) wrongful death suits
5) health care choices
* by providing these benefits, the state can encourage the development of the family.
-This is the leading case promoting civil unions
-Legislation is required to treat equally situated people equally & allow them to be entitled to the same rights.
-Gay individuals are still not allowed to marry, but they can enjoy the benefits that other married people are given.
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Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
FACTS
VT civil union case; justifies civil unions; ct said that when you deny marriage to gays you have violated the VT Constitution.
PROCEDURAL HISTORY
-The court sent the issue back to the legislature;
-The court identified the rationale, but didn’t say what needed to be done – it left it to the legislature to come up with the 1st civil union law.
ANALYSIS
-This is the beginning of the state created benefits of marriage:
1) division of property after death
a) claims of intestacy & elective share
2) insurance policy rights
3) tax breaks
4) wrongful death suits
5) health care choices
* by providing these benefits, the state can encourage the development of the family.
-This is the leading case promoting civil unions
-Legislation is required to treat equally situated people equally & allow them to be entitled to the same rights.
-Gay individuals are still not allowed to marry, but they can enjoy the benefits that other married people are given.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
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