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Lesson: US Supreme Court's ruling on gay marriage

My student A. would like to learn about US history, constitution, and legal system in our English program, İngilizce kurslari, İstanbul. Our first lesson introduced basic law vocabulary about arbitration, legislation, and litigation. Our second lesson explored the American colonial acts and grievances. Today's lesson guided critical thinking about the the historic shifts of public opinion, legislation, and litigation with regards to marriage equality.

Turkey does not have a federal system of government.  Before starting the lesson on federal law, I elicit the words federal, Constitution, Congress, legislation, and Supreme Court.  Next, I ask concept questions to check understanding:

What laws do all 50 states have? Federal laws.
If someone from California moves to Texas, will they live with the same federal laws? Yes.
Are the state laws of Texas and California the same or different? Different.
Who writes the federal laws? Congress.
Who are the nine people on the US Supreme Court? Justices.
What do the nine justices ask about the laws? Are the laws constitutional?
What do you call a law that does not follow the Constitution? Unconstitutional.
What do you call a law that does not treat everyone the same? Discriminatory.
Is the Defense of Marriage Act (DOMA) a state or federal law? Federal.
Which Merriam Webster definition of marriage does DOMA support, (1) or (2)? (1)
Who else mostly supports definition (1)? Republicans.
What does striking down DOMA mean for same sex couples? Federal benefits listed in the Human Rights Campaign

Thinking critically, A. asks, "According to the US Constitution, who should decide equal marriage law, state or federal?"

First, I instruct A. to underline and categorize the verbs related to legal action.  Next, we begin to read Historic Win for Gay Marriage by Jess Bravin, WSJ (June 26, 2013)
  • reverse, overturn, strike down
  • oppose, undermine, prohibit
  • recognize, respect, allow, follow, let stand
  • support, defend, authorize
  • advance, promote, extend, resume
What actors are on the spectrum of culture, public opinion, vote, legislation, litigation?
He says the story of Harvey Milk would be public opinion and vote.
"What does "rule" mean?" A. asks.
"Decide," I say. "So what does 'ruling' mean?"
"Decision," A. replies.
Yay!
Here is the new vocabulary:
  • rule (verb)
  • ruling (noun)
  • strike down (phrasal verb, present tense)
  • struck down (phrasal verb, past tense)
  • discriminate (verb)
  • discrimination (noun)
  • discriminatory (adjective)
  • vote (verb)
  • ballot box (noun)
In the free response activity, I ask, "To change something like marriage law, is it better to start with culture and public opinion or go straight to litigation?"

A. says that the culture and public opinion may change with education and open values. Although these opinions and values change slowly, it guarantees public support. Autocratic governments use litigation to quickly introduce new, unpopular laws. Litigation is top down. Cultural shifts and public opinion are ground up. Slow change from the ground is better than fast change from the top.

"Do you think that Turkey will ever have equal marriage rights?" I ask.

No. Turkey follows majority rule. A political party must reach 10% of votes to be included in Parliament. The 10% rule comes from the military coup.  Although the current political party in power reversed most military laws, it keeps the 10% law because it keeps minority ethnic groups and opponents out of Parliament. Conservative values, limited education, and majority rule government mean that minority issues such as gay marriage do not even enter the discussion. Great takeaway moments.