Reading questions for Baehr v. Lewin, due Tuesday October 17

How did this case get to court? What are the facts? (p. 34)

From Part I B of the decision (pp. 34-36)

  • Is there a fundamental right at stake here? If so, what is it? Where is it found in the Constitution?
  • What standards does the court use to determine if a newly claimed right is a “fundamental” right?
  • Does the court find that the right to same-sex marriage is a fundamental right? Why or why not?

From Part I C of the decision (pp. 36-38)

  • What are the rights and benefits that the state gives to married couples?
  • How do the Equal Protection Clauses of the US Constitution and the Hawaii Constitution differ?
  • Does denial of access to marriage for same-sex couples violate Hawaii’s Equal Protection Clause? Why, or why not?
  • Does the Court require strict scrutiny or the rational basis test? Why?


II. Reading questions for Baehr v. Miike, due Tuesday April 15 ( This is an excerpt from the lower court’s decision after the case was remanded.)

  • What was the reason why the government claimed it had a compelling reason to prohibit same-sex marriage? What evidence did it use to support this claim?
  • Why did the trial court find that the government had not met its burden?