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Baehr v. Miike
''Baehr v. Miike'' (originally ''Baehr v. Lewin'') was a lawsuit in which three same-sex couples argued that Hawaii's prohibition of same-sex marriage violated the state constitution. Initiated in 1990, as the case moved through the state courts, the passage of an amendment to the state constitution in 1998 led to the dismissal of the case in 1999. Congressional Republicans used the possibility that the courts might invalidate Hawaii's marriage eligibility requirements, as appeared possible following the Supreme Court of Hawaii's 1993 decision in this case, as an reason for the enactment of the federal Defense of Marriage Act (DOMA) in 1996. Dozens of statutes and constitutional amendments banning same-sex unions at the state level also followed ''Baehr''.
==Background==
On December 17, 1990, three same-sex couples applied for marriage licenses at the Hawaii Department of Health. The three couples met the requirements of the state law that detailed eligibility requirements for marriage, except for being of the same sex. State health director John C. Lewin requested an opinion from the Hawaii Attorney General's office, which concluded on December 27 that under the United States Constitution the right to marry is fundamental, but only for different-sex couples. On April 12, 1991, the Department of Health denied the license applications, citing the Attorney General's opinion. On May 1 the couples initiated their lawsuit, ''Baehr v. Lewin'', seeking to have the same-sex exclusion declared unconstitutional.〔William N. Eskridge, Jr., ''The Case for Same-Sex Marriage: From Sexual Liberty to Civilized Commitment'' (NY: Free Press, 1996), ISBN 0-684-82404-3, 4〕 They were represented by Dan Foley, an experienced local civil rights attorney. Lambda Legal Defense and Education Fund had declined to represent them as it debated the importance of marriage itself and whether taking the issue to court was a wise strategy.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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