Gay rights has been the civil rights issue of the 21st century. Over the last decade, there has been extraordinary legal tumult about the rights of gays and lesbians, including their right to marry (and divorce), to assume parental responsibilities, to serve openly in the military, and even, as reflected in a recent initiative announced by President Barack Obama, merely to visit their loved ones in hospitals.
As the movement toward recognizing the rights of gays and lesbians has gained momentum, there has been a considerable backlash in some places, as evidenced most notably by state referenda repealing recognition of same-sex marriage. The clash between proponents and opponents of gay rights has generated considerable litigation focusing on the substantive rights of gays and lesbians, including a 2006 New York Court of Appeals ruling rejecting the claim to a constitutional right to same-sex marriage in New York.1
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