Historically When You Looked Up The Definition Of Marriage

In The Gay Marriage Case, Obergefell v Hodges, the United States Supreme Court decided that a state may not prohibit same-sex marriage. Instead, it emphasized that the fundamental right to marry is guaranteed to the gay society through the Due Process Clause of the 14th amendment of the United States of America Constitution. The involved decision maker in the case was Justice Anthony Kennedy, who gave four primary reasons for his decision.

In Obergefell v. Hodges, the United States Supreme Court held that same sex couples can now exercise the fundamental right of marriage nationwide. Justice Kennedy reached this result by redefining what marriage is.

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,

Marriage has been defined as “the legal status, condition, or relationship that results from a contract by which one man and one woman, who have the capacity to enter into such an agreement, mutually promise to live together in the relationship of husband and wife in law for life, or until the legal termination of the relationship.” (Marriage, n.d.) In 1973, Maryland became “the first state to pass a statute banning marriage between same-sex couples.” (Freedom to Marry, 2015) After much debate, on June 26, 2015, the Supreme Court ruled for a ‘Freedom to Marry’ in all states, even against the states who still had a ban on same-sex marriage. (Freedom to Marry, 2015) Obviously, even with a federal ruling and over thirty years, there is still a

The definition of marriage has changed over time. At the beginning of the nineteenth century, the United States defined marriage as a union between a consenting man and woman, of non-African decent (Stahlberg, 2008, p. 443). This, however, changed after the civil war. In 1868 two consenting adults of opposite gender could marry someone of the same race, but this was also restructured in 1967 to allow marriage of all consenting adults of opposite genders regardless of race (Stahlberg, 2008, p. 443). Today, the law looks very different. Recently, on June 26, 2015, the Supreme Court ruled that same-sex couples have the right to marriage (gay marriage, 2015).

The first spark to set flames to the waging war on marriage equality happened on October 15, 1971. In the Supreme Court case of Baker v. Nelson on October 15, 1971, one of three cases brought forth by same-sex couples, Richard Baker and James Richard McConnell were denied a marriage license by a county court clerk in Minnesota in May of 1970 (Minnesota Legislature, 1971, Richard John Baker and Another v. Gerald R. Nelson). The initial trial court dismissed their claim, declaring that the clerk had the power to refuse the right of marriage to gay couples. The couple lost again in the Minnesota Supreme Court, and the U.S. Supreme Court followed by confirming the ruling. For the next twenty four years, basic human rights were continuously denied nationwide in cases similar to Baker v. Nelson and in anti-gay attempts to restrict homosexual marriage. Eventually, there showed signs of hope such as the Defense of Marriage Act (DOMA) in May, 1996 and Massachusetts becoming the first state to legalize same-sex marriage in December, 1996. In relatively recent news, the LGBTQ community celebrated a monumental win as the Supreme Court ruled same-sex marriage a constitutional right for Americans nationwide. On the 25th of June, 2015, many rejoiced this new ruling. Unfortunately, just as many were disgusted at the new legislation. The topic of marriage equality is a unique controversy due to the fact that it gathers so many strong opinions to the cause from many different walks of life.

In the case Obergefell v. Hodges, the sixth Circuit recognized that banning same-sex marriage did not violate the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. James Obergefell and John Arthur James, who were legally married in Maryland in 2013, filed a lawsuit to the United States District Court for the Southern District of Ohio for charging the state’s refusal to recognize same-sex marriages on death certificates on July 19, 2013, and the case was assigned to Judge Timothy S. Black. On July 22, 2013, Judge Black agreed a temporary restraining order that required the state to recognize the marriage of Mr. Obergefell and Mr. Arthur on Mr. Arthur’s death certificate. In addition, on September 26, 2013, the plaintiffs

The case Obergefell vs. Hodges reached the United States Supreme Court in 2015 (Oyez). This case dealt with the rights of same-sex marriages and became important case in our nation’s young history and in our society in general. The problem was groups of same-sex couples were being told that their marriage licenses were not being upheld to the same legal standards as those of heterogeneous couples. Therefore same-sex couples in Ohio, Tennessee , Kentucky, and Michigan went and sued these agencies in challenge of their constitutional rights (Oyez).They took their issue to court because they believed that the states were denying them their 14th amendment rights without due process. They couldn’t understand why their marriages license were not

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

Multiple groups of same sex couples sued their state agencies in four different states Ohio, Tennessee, Michigan, and Kentucky to challenge the constitutionality of those four states ‘ban on same sex marriage. The plaintiffs of each case argued that the states’ statues violated the Equal Protection Clause and their Due Process Clause of the Fourteenth Amendment. One plaintiff group also brought up claims under the Civil Rights Act. The Trial court found in favor to all of the plaintiffs cases. The U.S. Court of Appeals reversed and held that the states’ ban on same sex marriage and refusal

Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States

In Obergefell v. Hodges, the plaintiffs, including fourteen same-sex couples, argued for their marriages performed legally in another state to be recognized in their state of residence. They were asking that the privileges and responsibilities of marriage be granted to them as they would to any opposite-sex couple. The plaintiffs gave examples of how unequal protection negatively affects them to convince the judges that they should have their marriage recognized. Obergefell was denied being included in his spouse’s death record. DeBoer was disallowed adoption with her spouse, which could cause issues should one of the children become sick or one of the parents die.

The Court further noted the relationship between the liberty of the Due Process Clause and the equality of the Equal Protection Clause and determined that same-sex marriage bans violates the latter. Concluding that the liberty and equality of same-sex couples was significantly burdened, the Court struck down same-sex marriage bans for violating both clauses, holding that same-sex couples may exercise the fundamental right to marry in all fifty states. Due to the "substantial and continuing harm" and the "instability and uncertainty" caused by state marriage laws varying with regard to same-sex couples, and because respondent states had conceded that a ruling requiring them to marry same-sex couples would undermine their refusal to hold valid same-sex marriages performed in other states, the Court also held that states must recognize same-sex marriages legally performed in other

Same-sex couples in the states of Ohio, Kentucky, Tennessee, and Michigan challenged those states’ refusal to recognize same-sex marriage that occurred in other states that recognize same-sex marriage. The conflict between the states and same-sex couples brought up conflicts that were then taken to the court. The question of the Obergefell v. Hodges case was “Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex” (“OBERGEFELL V. HODGES”). The second question of the Obergefell v. Hodges case was “Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state” (“OBERGEFELL V. HODGES”). The most prominent issues that the case presented were that it violated the Equal Protection Clause of the Fourteenth Amendement and Due

The current major state and federal law that is affecting same-sex marriage is the Defense of Marriage Act , or DOMA as it also called. The Defense of Marriage Act is a federal law that allows each state to recognize or deny any marriage-like relationship between persons of the same-sex that has been recognized in another state and it also explicitly recognizes for purposes of federal law that marriage is "a legal union of one man and one woman as husband and wife" and by stating that spouse "refers only to a person of the opposite sex who is a husband or wife." When asking the people that I interviewed what their feelings were towards the Defense of Marriage Act and how it currently affects the issue of same-sex marriage and the interviewees who were for same-sex marriage felt that the law was inherently wrong and the person I interviewed who was opposed to same-sex marriage thought the law was good except for one obvious flaw with it.