동성 간의 혼인에 관한 판례연구-미국 매사츠세츠주 굿리지 사건을 중심으로-

Abstract

A Study on Same-Sex Marriage in the United States-For the analysis of Goodridge v. Department of Public Health in Massachusetts-

It is becoming a very important issue in Korea whether a same-sex couple can legally marry, so it is helpful to review and analyze the first ruling on this issue in the as ruled in Massachusetts supreme court in the United States in 2003. Most of the American states have been seriously considering whether same-sex marriage should be allowed in their states, but U.S Supreme Court has yet to recognize same sex marriage as legitimate definition for marriage. The case in Massachusetts is meaningful because it carefully reviewed and redefined the history and meaning of marriage. The Supreme Judicial Court of Massachusetts at Goodridge v. Department of Public Health held that the state can issue marriage licenses to same-sex applicants on the basis that a favorable setting for procreation did not afford a rational basis prohibition on the issue of marriage licenses to same-sex applicants. Discrimination against same-sex couples should therefore be reconsidered because they should be protected in the name of human rights of a sexual minority. If one cannot control one’s sexual orientation as an irresistible manifestation and so wants to become married with a same sex person as a result, it is proper to recognize their marriage as legitimate so that they can obtain all the privileges that go with a legal marriage. It also accords with the constitutional provision of equal protection before the law, the assurance of human dignity and the right to pursue happiness.