Same Sex Courting Supreme Court Cases

Decent Essays
Same-Sex Courting
The United States of America has always been ground for controversial issues. Slavery, segregation, and individual rights are just a few of the many topics argued within the United States Supreme Court. Although all topics argued in the Supreme Court are important, one issue has stood out in more recent years. This topic is same-sex marriage. The earliest Supreme Court case regarding same-sex marriage can be dated back to 1972 with Baker v. Nelson. The most recent same-sex, Supreme Court case took place in 2015. This landmark case was Obergefell v. Hodges.
The Supreme Court acts as a referee while Congress, the President, the state police, and government officials are players. The Supreme Court monitors these positions
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Nelson. In 1972, two University of Minnesota students of the same-sex applied for marriage. Their request was denied because of a state law that restricted marriage to “persons of opposite sex”. The couple filed a lawsuit against the marriage clerk that denied their request, Gerald Nelson. The coupled stated that the denial violated their due process and equal protection rights granted in the Fourteenth Amendment and their privacy right granted in the First and Ninth Amendments (Scarinci, 2012). The couple also tried using the precedent of the Loving v. Virginia case of 1967, which allowed interracial marriage (Loving v. Virginia, n.d.). The lower court upheld the denial, and when brought to the Supreme Court, the denial remained upheld. The Courts believed there was no correlation between couples of the same-sex, and couples of different races (Scarinci, 2012).
The next same-sex case was in 2003. This case is Goodridge v. Department of Public Health. In this case same-sex couples were granted the right to be married in the state of Massachusetts. This case had a 4-3 verdict and was the first of its kind in the country by a final Appellate Court (Goodridge et al., n.d.) This case was also the case that began same-sex couple acceptance in the United
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The next two cases occurred in the same year, at around the same time. These cases were Hollingsworth v. Perry, and United States v. Windsor. Both of these cases regarded same-sex marriage, but each one regarded it on different terms. Hollingsworth v. Perry was a California case that began with a proposition (Proposition 8). This proposition was to amend California’s constitution to make marriage only between a man and a woman. Respondents were same-sex couples that wanted to marry. They filed against the proposition in the federal court, saying it violated the Due Process and Equal Protection Clause of the Fourteenth Amendment. The Court ruled the proposition unconstitutional after a bench trial. Petitioners, unsatisfied with the ruling, appealed the ruling to the California Supreme Court. The California Supreme Court believed the petitioners were in the right to protect Proposition 8, however, the Ninth Circuit upheld the district court’s ruling. The case was then taken to the United States Supreme Court where Chief Justice Roberts held that the petitioners were not supposed to defend a proposition, and that the allowance of this was out of the Ninth Circuit’s jurisdiction (Hollingsworth et al.,
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