Research Paper On The 14th Amendment

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.

The 14th Amendment of the United States constitution guarantees that, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S Constitution, Sec. 1). This amendment gives the citizens of the United States their basic human rights and the process that must be taken accounted for in any given court cases. No individual born in the United States should be stripped from their rights no matter the circumstances, for example the skin color, race, religious beliefs or sexuality preferences should interfere. The Constitution is a document that was signed on September 17, 1787 for the nation in order to solve any pre-occurring disagreements that were bound to happen soon (“Constitution Faqs”). The document establishes the rights that are given to all U.S citizens laying out their rights, the freedoms that they are granted, and the series of events that were to occur in the court of law. When the Constitution was signed into effect many people at that time period had a hard time adjusting to the new laws and regulations. Despite the new laws, many would still abide their own personal traditions and not follow the new established laws. This Mentality that many had would continue to happen for the next couple of decades to come. For example,

The Supreme Court’s decision finalized the questions of whether states have the right to pass laws treating marriages differently based upon sex, and if states have to acknowledge the marriage of same-sex couples who were married in another state. On a 5-4 decision, the Court determined that the Fourteenth Amendment requires states to issue marriage licenses to same-sex couples because they cannot be treated differently than opposite sex couples. The court also determined that states have to recognize same-sex marriages the same way they do with opposite-sex. However, the Supreme Court did not create a law about same sex marriage, it just stated that

The 14th amendment is an amendment about civil rights and liberties. In the 14th amendment, it talks about equal protection of the law for all people no matter what race, religion age gender economic status or anything else it also states that due process and equal protection must be enforced at state levels too.The 14th amendment was created in an effort to end discrimination. In theory the 14th amendment sounds wonderful and very effective however in real world situations the 14th amendment and bill of rights are not as effective as they were thought to be. This is evident through many things a few these are inequalities that are still present (document 1,4), still favored rich over the poor(document 3) and still does not show equal protection for all races (document 5).

The 1860s were an extremely turbulent decade with numerous cultural, social, and political upheavals in America. During this time period the 13th and 14th amendments were ratified giving African Americans more freedom than they had ever had. However even with the ratification of these amendments whites and blacks were still segregated. It's not possible to achieve equality while the two are races are separated. Equality can only be achieved through communication, so you can begin to understand each other's side.

The fourteenth amendment is also known as equal protection clause. Under the fourteenth amendment, the U.S. Constitution prohibits the states from denying a person that lives in the state the equal rights of the law (LII, 2017). The fourteenth amendment applies to education, especially those that are English language learners (ELL), this means that these students cannot be denied the same rights as non-English language learners. In the Supreme Court case of Lau v Nichols in 1974, this case involved a Chinese American student that attended the San Francisco Unified School District, this student was placed into a general education classroom despite the lack of being proficient in English (Wright, 2010). The school in which this student attended was found in violation, the school was giving ELL students the same material as all other students who speak proficient English and expected the Chinese American student to be able to comprehend the information that is being taught. School districts need to provide the same material, but in a modified form where the student’s will be able to access the information to learn it in the same manner as those non-English language learners.

Blacks first came to America from Africa as slaves who were to become laborers for the whites in the united states. Lynching and hazing were a method first used by slave owners to punish runaway slaves who had become captured. Lynching and hazing also occurred to whites who had opposed slavery. When the southerners lost to the north during the Civil War causing the creation of the fourteenth amendment. The fourteenth amendment allotted blacks the rights that came with citizenship to the United States. In addition to the creation of the fourteenth amendment and the abolishment of a slavery, social changes occurred due to the Federal Occupation. Southerners created white supremacist groups, such as the Ku Klux Klan, to form in hopes to try restore

The 14th Amendment is more towards supporting Kenndey's view than Scalia. The amendment states, "...nor shall any state deprive any person of life, liberty, or property, without due process of law" which should not go against gay marriage, but defend it. It claims the law cannot simply take away rights or presume any kind of misjudgement of a person.

In the summer of 2015 the U.S supreme court ruled in favor to legalize same-sex marriage in all 50 countries in the United States. This all occurred because of the Obergefell v. Hodges (2015) case. This very important case involved “14 same-sex couples and two men whose same-sex partners are deceased” and the couples argued that the “state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause. The supreme court ruled for this case because in the 14th Amendment it clearly declares that all people should have “equal protection under the law”, regardless of race or ethnicity.

The Thirteenth Amendment was passed by both the House and Senate in 1865, as the Civil War came to a close, reestablishing the United States as a united political entity that led to the freedom of 4 million African Americans. When the Civil War came to a halt, the Reconstruction period transpired in 1865, a period that intended to reform America’s history of inequality and set the missing pieces back in place through complete reconstruction. Lincoln, as the Sixteenth President at the time, was re-elected for president in 1864 and spearheaded the enactment of the Thirteenth Amendment in 1865, abolishing slavery. As the period of the Reconstruction progressed, Lincoln 's efforts to ratify the Thirteenth Amendment created much opposition as white folks feared the idea of a black planet, and the possible collapse of white people’s social hierarchy and authority, which they believed would in turn, lead to racial control by black individuals through the attainment of equal rights and opportunities. It is evident that the film industry is typically in favor of Hollywood, an industry concerned more with money and ratings rather than covering the truth in detail. The film Lincoln, however, does not deal with factual accuracy, but rather interpretive preference as it shows no sense of patriotism between black and white individuals as the invisibility of African-Americans throughout the film demonstrates that a different dynamic of liberation was taking place—without black effort,

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 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

Alabama’s state constitution calls for a reapportionment every ten years. But, in 1961 the state had not been reapportioned since 1901. This upset many Alabama residents. Roughly one-fourth of the state’s population could vote for the majority of the state senators and representatives. Finally, M.O. Sims and many other residents of Jefferson County, Alabama challenged the apportionment of the state legislature. They sued state officials in federal district court stating that this malapportionment denied them equal voting rights. They believed that this imbalance diluted their votes. They argued that some ratios of people to legislatures were as high as fourteen to one in senate districts and up to sixteen to one in the lower house.

The state of the New York doesn’t deprive the rights of the employers to give contracts which relate to the type of the business. However, it protects them since it gives them the capability to determine number of hours which is comfortable to an employee. Actually, this gives advantage to employers since it increases the chance for the employees to be productive. The Fourteen Amendment also protect the employer and should strictly be followed since it gives the right to determine number of hours but responsibly.

Some Americans claim that same-sex marriage should be legal because it is protected under the 14th amendment. In his article "Gay Marriage should be legal." James Kellard argues that "Notably, conservatives do not argue that the US Constitution bans gay marriage, probably because the opposite is true: The 14th Amendment likely protects gay marriage." There are very little arguments against same-sex marriage citing the US Constitution, because there is no constitutional basis for denying same-sex couples marriage rights. The 14th amendment protects and gives all US citizens same equal rights. Although the 14th amendment does not specifically refer to gays, they are part of the, "US Citizens." They're all law-abiding, taxpayers that deserve the same rights as any other citizen. The 14th amendment also states that no state should make or enforce a law that would reduce the rights of a citizen, such as prohibiting marriage rights to same-sex couples. There is no doubt that same-sex marriage is considered legal as the 14th Amendment grants equality for everyone including homosexuals