Sunday, March 25, 2012

Baehr v. Lewin case brief

Baehr v. Lewin (1993)
Facts: Two gay couples filed suit and alleged that Hawaii’s Marriage Law was unconstitutional b/c it denied same-sex couples the same marriage rights as different sex couples.

Holding:
State action sex discrimination requiring strong justification under the EPA to Hawaii’s Constitution.
  • Denied of rights and benefits allotted to married couples.
  • HI Marriage Law deemed unconstitutional unless D can show that the sex-based classification is justified by compelling state interests and that the statute was narrowly tailored to avoid affecting the appellants constitutional rights.

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