California 's Statutory Prohibit Marriage

In summary of these, the Obergefell V Hodges has received opposition as well as propositions at different degrees, but the majority of the debaters’ are the proposing side. The main idea here was to legalize the Same-sex marriage which had been prohibited in the previous court rulings (Siegel, 2015). The proposing team was emphasizing on the following factors; the right to personal choices as clarified in the human dignity, the right to intimate association, marriage as a foundation of the American social order and the ability to sustain and safeguard children and families (Siegel, 2015).

The history of LGBTQ+ rights in the United States is long and complicated. LGBTQ+ identities that are accepted by people outside that community change with time, as some identities establish themselves as commonplace while others are just being introduced to non-LGBTQ+ people. However, rights and acceptance for the LGBTQ+ community are nearly always tied to legal recognition. Lawrence v. Texas questions whether or not a Texas statute that bans homosexual sodomy is constitutional. Although LGBTQ+ rights issues are controversial, everyone deserves to be equally protected under law regardless of sexual orientation. Likewise, the Fourteenth Amendment’s

Facts: In 2000, California voters adopted Proposition 22, defining marriage as a relationship only between a man and a woman. The California Supreme Court invalidated Proposition 22 and California began issuing marriage licenses to same-sex couples. The Proponents of Proposition 8, who opposed same-sex marriage, collected signatures and filed petitions to get Proposition 8 on the ballot. In November 2008, California voters approved Proposition 8, "which added language to the California Constitution that defined marriage as a union between a man and a woman" (Santoro & Wirth, 2013). Two same-sex couples applied for marriage licenses and were denied, then brought suit under 42 U.S.C.S. ยง 1983, based on the idea that Proposition 8 violated equal protection. The State of California refused to argue in favor of Proposition 8 and the original proponents of Proposition 8 sought to defend the law. In May of 2009, Proposition 8 was ruled unconstitutional by a California District Court, which held that it violated both the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Ninth Circuit affirmed the trial court's decision. The case then came before the Supreme Court. However, the State of California is not defending Proposition 8; instead, a mix of private parties is defending the law. This has led to questions about standing as well as the constitutional issues in the case.

On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Many conservative groups do NOT agree with this decision. The gay marriage debate has been simmering for as long as I can remember. The four articles I have selected give information from four different perspectives including that of liberals, conservatives, homosexuals, and orthodox Jews. With so many differing opinions, one can understand why it's been so hard for the nation to come to agree on this issue.

On June 26, 2015, the U.S. Supreme Court removed the ban on same-sex marriage nationwide. On July 15, 2015, Kenneth Jost published an article named “Will there be more gains after marriage ruling?” In this article, Jost discusses the viewpoints of the general public and argues that there may still be a struggle to gain full rights and respect for lesbian, gay, bi-sexual, and transgender (LGBT) people. The article covers the reaction of the public on June 26, along with politicians stand-points on the subject, and the Caitlyn Jenner controversy. Jost’s main argument is that LGBT people are not being protected by the government, even though they have gained the right to marry.

The history of LGBTQIA+ rights in the United States is long and complicated. The identities within the LGBTQIA+ community that are accepted have shifted over the years as the majority of the population comes to understand some identities to be commonplace and struggles to understand others. However, the gaining of rights and acceptance by the LGBTQIA+ community has nearly always been tied to legal recognition. Lawrence v. Texas questions whether or not a Texas statute that bans homosexual sodomy is constitutional. Although LGBTQIA+ rights issues are controversial, the statute that convicted John Lawrence and Tyson Garner for having private, consensual gay sex as well as the means of conviction are clearly unconstitutional on several grounds,

In this case, Perry, the plaintiffs compiling of Kristen Perry and Sandra Stier, a same- sex couple, filed suit in federal court after being denied the right to marry under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. They named the defendants Hollingsworth which consisted of California’s governor, attorney general, other state and local officials responsible for enforcing the California’s marriage laws. For the reason that Governor Schwarzenegger, and other officials not wanting to defend Proposition 8 that amended the California Constitution the federal District Court allowed ballet proponents to defend it. After it was deemed unconstitutional the original defendants decided not

The year is 2015 and I can’t imagine not having the freedom I do today. Marriage equality is a very recent topic in history. It wasn’t very long ago that laws prohibited the marriage of same-sex couples. I have decided to investigate the history of marriage equality and the organizations that helped make the dream come true. In order to fully understand the changes that occurred, and to comprehend the level of discrimination that was felt in the homosexual culture, one must first understand the history of the LGBTQ (lesbian, gay, Bisexual, Transgender and Queer) community. The harsh history of the LGBTQ community, and discrimination that was imposed on them and the organizations that strived to advocate for the LGBTQ community on a local, regional and national level is what eventually lead to the Supreme Court ruling on June 26th, 2015, stating that states cannot ban same-sex marriage.

As a general rule, constitutional law examination differs depending on the nature of the right that is being asserted in a case. In the Constitution people have various rights such as freedom of speech, freedom of religion, etc. Other rights in the Constitution are not presented in the Constitution, but they are arguably stated within its context. In this paper I will agree that the Supreme Court case Obergefell v. Hodges was right in affirming the equal rights of same-sex couples based on the due process clause of the fourteenth amendment. The Court’s ruling in this case has an effect on the legal rights of children of same-sex couples, the rights of people who identify as gay, and the states’ sovereign right to enact legislation that defines

In the case of Jones v. Massachusetts, Michael Jones, an employee of the Sussex County, MA clerk’s office refused to issue a marriage liscense to a same sex couple based on his religious beliefs. His supervisor terminated him from his job, and issued the marriage liscense personally. Jones brought this termination to court as a violation of his first amendment right to religious freedom. The following is a compilation of the evidence and logic that supports not only that this claim is constitutionally valid, but that the precendents the court has set also approve this notion.

In detail, by the states restricting same-sex marriages, they have breached constitutional rights of gays which is the fourteenth amendment – the Equal Protection Clause and the Due Process Clause. The Petitioner, James Obergefell and other same-sex couples, further argues that same-sex couples are nonetheless than heterosexual couples. While the Respondent, Richard Hodges and state official argues that “the Constitution does not address it, and therefore it is beyond the purview of the Court to decide whether states have to recognize or license such unions.” (Oyez, 2014).

The debate on whether the constitution should be changed to allow gays/lesbians legal status, whereby the partners are protected while in the institution of marriage is a heated debated which has been ongoing in many years. There are those states whereby the rights of gays/lesbians to have legal marriages have been recognized, but in most of the states their right to legal marriage have not been recognized. This essay looks at the reasons why the American constitution should be amended to ensure that all states across the United States recognizes the rights of gays/lesbians to have legal marriages. The argument will focus on the impact that lack of legal marriages have on the gay and lesbian partners and the reasons why constitutional amendment can only be the best solution to resolve the issues of the rights for the gay community to a legal marriage.

Supporters of Proposition 22 say it advocates not prejudice or discrimination just merely closing a "legal loophole". Although the main point of the proposition does ensures that gay and lesbian marriages are not recognized in California if couples decide to get married in another state.

-Currently several cases are coming into the Supreme Court to challenge laws prohibiting same sex marriages and the United States President and conservative members of Congress want to create an amendment to the United States Constitution forever defining marriage as a union between a man and a woman.

The issue of same sex marriage and gender identity has been the talk of the nation for quite some time. This topic has become a focal point for many debates worldwide. As country we are making the attempt to consider rights and protections that should be rendered to the people whose efforts have taken into effect such as the same sex marriage Supreme Court case that are being brought to the forefront this year.