home
arts
literature
social sciences
special features
discussion
about glbtq
   search

 
   Encyclopedia
   Discussion
 
 
 
 
Advertising Opportunities
Press Kit
Research Guide
Terms of Service
Privacy Policy
Copyright
 
site guide
search tips
research guide
editors & contributors
contact us
send feedback
write the editor
 
 
 
 
subscribe
Subscribe to our free e-mail newsletter to receive a spotlight on glbtq culture every month.
e-mail address:
 
 
 
  unsubscribe
 
 
Popular Topics in Literature
García Lorca, Federico García Lorca, Federico
The works of García Lorca, internationally recognized as Spain's most prominent lyric poet and dramatist of the twentieth century, are filled with thinly veiled homosexual motifs and themes.
 
Musical Theater
There has always been homosexual involvement in American musical theatre and a homosexual sensibility even in straight musicals, and recently the Broadway musical has welcomed openly homosexual themes and situations.
 
Michelangelo Buonarroti Michelangelo Buonarroti
Best known for his genius in art and architecture, Michelangelo was also an accomplished author of homoerotic poetry.
 
African-American Literature: Gay Male African-American Literature: Gay Male
The African-American gay male literary tradition consists of a substantial body of texts and includes some of the most gifted writers of the twentieth century.
 
Camp Camp
Combining elements of incongruity, theatricality, and exaggeration, camp is a form of humor that helps homosexuals cope with a hostile environment.
 
Hughes, Langston Hughes, Langston
Langston Hughes, whose literary legacy is enormous and varied, was closeted, but homosexuality was an important influence on his literary imagination, and many of his poems may be read as gay texts.
 
Baldwin, James Arthur Baldwin, James Arthur
James Baldwin, a pioneering figure in twentieth-century literature, wrote sustained and articulate challenges to American racism and mandatory heterosexuality.
 
Wilde, Oscar Wilde, Oscar
Oscar Wilde is important both as an accomplished writer and as a symbolic figure who exemplified a way of being homosexual at a pivotal moment in the emergence of gay consciousness.
 
Topics In the News
 
Federal Judge Invalidates Florida's Same-Sex Marriage Ban
Posted by: Claude J. Summers on 08/21/14
Last updated on: 08/21/14
 
Bookmark and Share

On August 21, 2014, U.S. District Judge Robert L. Hinkle ruled, in a decision concerning two consolidated cases, Brenner v. Scott and Grimsley v. Scott, that Florida's ban on same-sex marriages and on the recognition of same-sex marriages performed elsewhere is unconstitutional. Three state judges had previously declared that Florida's ban is unconstitutional, but their rulings applied only to the counties from which they arose. Judge Hinkle's ruling applies state-wide. However, as has become customary, he stayed the ruling with an exception for a widow who had petitioned that her late wife's death certificate be corrected to list her as the surviving spouse.

The cases that Judge Hinkle consolidated were brought on behalf of 22 couples who had either been denied the right to marry or whose marriages elsewhere had been refused recognition by the state of Florida.

Early in his opinion Judge Hinkle declared that "Now, nearly 50 years [after the Supreme Court declared that restrictions on interracial marriage were unconstitutional], the arguments supporting the ban on interracial marriage seem an obvious pretext for racism; it must be hard for those who were not then of age to understand just how sincerely those views were held. When observers look back 50 years from now, the arguments supporting Florida's ban on same-sex marriage, though just as sincerely held, will again seem an obvious pretext for discrimination. Observers who are not now of age will wonder just how those views could have been held."

Before concluding that Florida's ban on same-sex marriage violates the Due Process and Equal Protection clauses of the United States Constitution, Judge Hinkle demonstrates how insufficient are the state's proffered justifications for the ban.

He particularly singles out for scorn the argument that marriage should be reserved for opposite-sex couples because same-sex couples cannot procreate. "[D]efending the ban on same-sex marriage on the ground that the capacity to procreate is the essence of marriage," Judge Hinkle writes, "is the kind of position that, in another context, might support a finding of pretext. It is the kind of argument that, in another context, might be 'accompanied by a suspicion of mendacity.'"

He adds, "The undeniable truth is that the Florida ban on same-sex marriage stems entirely, or almost entirely, from moral disapproval of the practice."

Since Supreme Court rulings have definitively established that moral disapproval, standing alone, cannot justify a violation of the the Fourteenth Amendment, Judge Hinkle says, "the defendants must fall back on make-weight arguments that do not withstand analysis."

In a moving conclusion that circles back to his opening analogy between interracial marriage and same-sex marriage, Judge Hinkle writes: "The institution of marriage survived when bans on interracial marriage were struck down, and the institution will survive when bans on same-sex marriage are struck down. Liberty, tolerance, and respect are not zero-sum concepts. Those who enter opposite-sex marriages are harmed not at all when others, including these plaintiffs, are given the liberty to choose their own life partners and are shown the respect that comes with formal marriage. Tolerating views with which one disagrees is a hallmark of civilized society."

Following recent practice, Judge Hinkle issued an injunction against enforcement of Florida's marriage ban and then stayed the injunction pending further review by appellate courts.

However, he made an exception to the stay in regard to Arline Goldberg, one of the plaintiffs. Ms. Goldberg married Carol Goldwasser, her partner of 47 years in New York in 2011. When Ms. Goldwasser died in March 2014, the state of Florida refused to record on her death certificate that she was survived by her spouse Ms. Goldberg. Instead, the death certificate says untruthfully and cruelly that Ms. Goldwasser was never married and has no surviving spouse.

In addition to insulting the couple, Florida's refusal to recognize their marriage means that Ms. Goldberg has been unable to obtain social security survivor benefits.

Judge Hinkle ordered Florida to correct Ms. Goldwasser's death certificate. He wrote, "The correction is important to Ms. Goldberg. There is little if any public interest on the other side of the scale. There is no good reason to further deny Ms. Goldberg the simple human dignity of being listed on her spouse's death certificate. Indeed, the state's refusal to let that happen is a poignant illustration of the controversy that brings us here."

Judge Hinkle's decision may be found here.

 
Related Encyclopedia Entries
 
browse:   arts   literature   social-sciences   discussion boards
 
learn more about glbtq       contact us       advertise on glbtq.com
 
Bookmark and Share

glbtq™ and its logo are trademarks of glbtq, Inc.
This site and its contents Copyright © 2002-2014, glbtq, Inc.

Your use of this site indicates that you accept its Terms of Service.