Author Question: Austin and Heather are getting married over the Christmas holiday. Heather is busy trying to decide ... (Read 114 times)

Pea0909berry · **on:** Aug 3, 2018

Austin and Heather are getting married over the Christmas holiday. Heather is busy trying to decide on a color scheme, flowers, bridesmaid dresses, and reception locale. Austin is on the look-out for a place to hold his bachelor party where he can gather 50-60 of his closest friends. Both parties are consumed with plans for this big event. However, to get married there are certain technical requirements for this ceremonial feat of flowers, organza and beer. What are the usual things the happy couple must do before and after the ceremony? What if in all of the excitement they forget to do one or two of these requirements? What happens to the marriage? Is there anyway one or more of these forgotten requirements be fixed to make the marriage a valid one?

What will be an ideal response?

Question 2

Describe the significance of the Goodridge case decided by the Massachusetts Supreme Judicial Court in 2003. Based on an understanding of the issues involved in that case, identify 3 arguments in favor of same sex marriage and 3 arguments against it.

What will be an ideal response?

bhavsar · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The usual requirements should include the application for the marriage license, a medical certificate; a license; the statutory waiting period; a ceremony as defined by law; and a marriage certificate. In their discussion, students should be able to briefly discuss each technical requirement, its purpose and importance to the validity of an enforceable marriage. The key here is that these requirements are technical and can be fixed in most cases.

Answer to Question 2

The significance of the Goodridge case is that in it, the Massachusetts Supreme Judicial Court declared that denying same-sex couples the right to marry in Massachusetts violated the equal protection and due process clauses of the state constitution making Massachusetts the first state to permit same-sex marriage. Some arguments in favor of same-sex marriage:
a) An essential element of marriage is the commitment of the parties to each other.
b) Denying same-sex partners the benefits and protections of marriage violates equal protection and creates a population of second-class citizens.
c) Children are increasingly born and raised outside of the traditional family structure and successfully so.
d) State restrictions on the right to marry should not be based on personal religious or moral principles.

Some arguments against same-sex marriage:
a) The traditional family is the foundation of society and same-sex marriage will destabilize the social order.
b) The traditional family environment is the best one in which to raise children. Children need male and female models.
c) The long recognized fundamental right to marry does not extend to same-sex marriage.
d) Extending the right to marry to same-sex partners is financially costly to the government and businesses forced to extend spousal benefits to partners of the same sex.