PHL 304 Lecture 10: 10.10 Goodridge
Document Summary
Goodridge v department of public health: background, not very strange. Have kids, and want same privileges and rights that heterosexuals have when they get married. Same privileges and rights as heterosexuals: decision of the lower court and its three reasons, when refused marriage license in lower courts,, they sued. There are other definitions of marriage, but this is a courtroom not a church. There are hundreds of statutes related to marriage and its benefits. There have been attempts to deny it to interracial couples. Marriage between same sex couples is protected by constitution. Any restriction on freedom must not be arbitrary or capricious: don"t need strict judicial scrutiny to see that it is capricious to not, each of those restrictions don"t meet a rational basis. The primary purpose of marriage is not procreation: marshall: strict judicial scrutiny allow same sex couples to marry, marshall rejection of each of the reasons personal decision.
