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At such hearing the plaintiff shall have the burden of justifying any finding made in the ex parte order which the defendant has challenged by affidavit. Marriage, in their view, is by its nature a gender-differentiated union of man and woman. That method respects our history and learns from it without allowing the past alone to rule the present. The cases now before the Court involve other petitioners as well, each with their own experiences.

See Brief for Historians of Marriage et al. Although Bowers was eventually repudiated in Lawrence, men and women were harmed in the interim, and the substantial effects of these injuries no doubt lingered long after Bowers was overruled.

The court may require the parties to provide working copies of documents filed electronically. The issue before the Court here is the legal question whether the Constitution protects the right of same-sex couples to marry. After years of litigation, legislation, referenda, and the discussions that attended these public acts, the States are now divided on the issue of same-sex marriage. There also have been many thoughtful District Court decisions addressing same-sex marriage and most of them, too, have concluded same-sex couples must be allowed to marry. Numerous cases about same-sex marriage have reached the United States Courts of Appeals in recent years.

This has led to an enhanced understanding of the issue an understanding reflected in the arguments now presented for resolution as a matter of constitutional law. When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy.

Review the Hawaii Bar Application instructions. Department of Public Health, Mass.

The petitioners claimApplying these established tenets

The petitioners claim the respondents violate the Fourteenth Amendment by denying them the right to marry or to have their marriages, lawfully performed in another State, given full recognition. Applying these established tenets, the Court has long held the right to marry is protected by the Constitution. To them, it would demean a timeless institution if the concept and lawful status of marriage were extended to two persons of the same sex.

Leaving the current state of affairs in place would maintain and promote instability and uncertainty. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations. Many who deem same-sex marriage to be wrong reach that conclusion based on decent and honorable religious or philosophical premises, and neither they nor their beliefs are disparaged here. For this reason, among others, many persons did not deem homosexuals to have dignity in their own distinct identity.

The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. With that knowledge must come the recognition that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter. Incomplete applications may be rejected.