Do State Laws Prohibit Same Sex Marriage Violate The United States Constitution

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Do state laws prohibiting same-sex marriage violate the United States Constitution? This is a question that will be presented before the United States Supreme Court. Four states with bans restricting marriage to a union between one man and one woman will be considered. The question at hand relies on the Court’s interpretation of the 14th Amendment in both the Due Process Clause and the Equal Protections Clause; the Court will also have to consider the question of State’s rights and whether the State has a legitimate interest in denying the title of marriage and its corresponding benefits to same-sex couples. The argument for overturning the bans and legalizing same-sex marriage would conclude that the state laws are indeed in violation…show more content…
Casey. This ideal was applied in Lawrence v. Texas and continues to be applicable to this case. This ideal creates the separation of what one would constitute as liberty versus a judges own personal opinion on the topic of same-sex marriage, or homosexuality in general. The previous Court rulings regarding sodomy laws around the Nation have held that while the Court does not outwardly decree homosexuals as a protected class, or take a stance on homosexuality, these individuals do have certain liberties, just as all persons have liberties unless a legitimate state interest can be found to say otherwise. The Court’s broad sense of “liberty” has opened the door for the inclusion of same-sex marriage to be included in one’s personal liberties. The denials of the benefits that come with marriage have other impacts in the life of the person as they may face tougher medical, economical and familial situations. Having the right to visit an ailing partner in the hospital, buying property and filing taxes together, and decisions to raise children and have legal equal access over those children are just some of the burdens that unmarried same-sex couples face. The only time a liberty is allowed to be taken away from an individual is if there exists a legitimate state interest. There is no rational state interest in same-sex marriage. The protection of family values would
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