LSP 112 Lecture Notes - Lecture 15: Constitution Of Hawaii, Fourteenth Amendment To The United States Constitution, Strict Scrutiny

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Ninia baehr and genora dancel v. lewin (hawaii 1993) Ninia baehr and genora dancel v. lawen represents the second wave of same-sex marriage cases. Instead of relying on federal constitutional arguments, these cases rely on state courts interpreting and applying state constitutions. Several same-sex couples challenged the constitutionality of hawaii"s marriage law as applied by the state of hawaii to justify refusing the issue of a marriage license on the sole basis that the applicant is a same-sex couple. The right to privacy is implied in the due process clause of the 14th amendment to u. s. And the right to marry is part of the fundamental right of privacy. To answer that, we must first determine why the right to marry is implied as being part of the right of privacy. And that is because the right of privacy includes things like the fundamental rights of procreation, childbirth, abortion and childrearing.

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