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

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).

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.

I join the opinion of the court in favor of Hodges and offer these accompanying thoughts. In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage “is not a fundamental right,” and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only require rational basis. There is a significant difference between the two approaches with ‘rational basis’ only requiring that the law be related to a government interest. “Rational basis” review is generally used in cases where fundamental rights are of issue and is thus fitting for this case under these assumptions.” The constitution does not specifically list marriage as a fundamental right in the Bill of Rights or any of its additional amendments and thus leaves ample room for interpretation of is significance. The defense attempts to use the Fourteenth amendment in their defense as it asserts,

As the numbers of gay couples have risen exuberantly in the last two decades, they no doubt

This act was passed to define and protect the institution of marriage which is supposed to be “between a man and a woman”. As a tactic, the state of Vermont promoted same sex marriages by labeling them as “civil unions” (Schowengerdt, 2002). The state of Vermont felt civil unions would provide gays and lesbians with the same financial benefits as heterosexual couples (Stewart, 2004). In 1998, Hawaii’s stated legislation implemented the DOMA amendment that altered the state’s constitution and rejected same sex marriages (Schowengerdt, 2002). Between 1995 and 2000, 28 states passed laws preventing the recognition of same sex marriages (Schowengert, 2002). The purpose of the DOMA was to prevent gays and lesbians from “exporting same sex marriages to other states” (Finnis, 1997). A Florida Federal Judge denied two women recognition of their marriage which took place in Massachusetts. As a result of this denial, attemtps were made to force other states and the federal government to recognize same sex marriages in states where it is legal (Stewart, 2003).

Section 2 of DOMA declares that “No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.”

The judges based their decision on the principle of equality of all before the law. The 14th Amendment requires a state to celebrate a marriage between two persons of the same sex. According to US constitutional law, each US state has its own Constitution, but it is above all the US Federal Constitution. To date 37 of the 50 American states, as well as the District of Columbia, recognized gay marriage. Now, the 14 American states that still refuse to unite two persons of the same sex will not only have to marry

Hodges concluded that the right to marry is a fundamental right inherent in the liberty of a person protected by the Constitution. The Court has long afforded the right to marry constitutional protection. But the standard test for identifying a fundamental right under the Due Process Clause is that the right must be “deeply rooted in this Nation’s history and tradition (Washington Post)”. However, the majority opinion went further to find that “the liberties implied within the Fourteenth Amendment Due Process Clause have stretched to certain personal choices central to a person’s dignity and autonomy, including their intimate choices that define personal identity and beliefs (Washington Post)”. Using this idea, the majority opinion concluded that the liberty interest to marry extends to same-sex couples. The ruling has helped gay rights advocates fight more than a hundred and fifteen pieces of legislation that were introduced in state legislatures that were targeting gay people. The majority opinion agreed that the Constitution contemplates that democracy is the appropriate process for change. “In addition to clearing the way for same-sex marriage nationwide, Friday’s decision may help end discrimination against gays and lesbians in other matters, such as adoption and custody rights, legal experts say (LATimes)”. Gay couples can now have no problem matters when wanting to start a family because of the great decision made by the Supreme Court. Justice Kennedy’s majority opinion in the United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly twelve years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.“In all his decisions Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes (NYTimes)”. Kennedy makes a great point that the generations before wrote and ratified the Bill

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 argument brought before the Supreme Court was to eliminate the ban on same sex marriage that was still held by thirteen states. This was done as part of a lawsuit called Obergefell versus Hodges. Court documents outline that, “14 same-sex couples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performed in another State given full recognition.” (United States Court of Appeals)

The petitioners were two men whose same-sex partners had died and fourteen same-sex couples who all brought cases in their respective District Courts challenging either the denial of their right to marry or the right to have their marriage performed elsewhere recognized in their own state. The cases were heard in Michigan, Kentucky, Ohio and Tennessee, each of which defines marriage as between a woman and a man. In each case, the relevant District Court found in favor of the petitioner. Each of the respondents, who were state officials responsible

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.

According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.

In a hypothetical scenario in which same-sex marriage and religious freedom are brought to a legal confrontation, the constitutional rights of both plaintiffs and defendants bring forth a nationwide debate on civil liberties and rights—yet it is easy to mistake one for the other. In this scenario, after lesbian couples Donna and Theodora married in the state of Massachusetts instead of North Carolina (Theodora’s home state), both decided to move to North Carolina in the city of Clinton where they found jobs to financially support one another. However, when both couples contacted a local bakery shop for a wedding cake, they were denied by the shop’s owner who cited North Carolina’s recently enacted law that allows businesses to refuse the patronage of homosexuals when the business owners themselves have a religious objection to homosexuality and same-sex marriage. When Donna and Theodora tried to hire a photographer for when they planned to recite their wedding vows, the photographer refused—with the issue of religious freedom again been cited in her arguments. Although this initially didn’t come as a surprise to Donna and Theodora, Donna was more concerned about the maid of honor, Bernice, a transgender person being able to use the women’s restroom. Because Bernice was born male, under the rules of House Bill 2—more formally addressed as the Public Facilities Privacy and Security Act (aka “the bathroom bill”)—that would exclude Bernice from using the bathroom of her choice

The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all