Friday, October 12, 2012

Baker v. State case brief

Baker v State

VT civil union case; justifies civil unions; ct said that when you deny marriage to gays you have violated the VT Constitution.

-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.

-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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