Same Sex Marriage By Kennedy

Despite the numerous criticisms about the decision, the idea of giving the fundamental rights to marriage to the same-sex couples stands out to be a positive decision. According to Justice Kennedy, human dignity clarifies the idea that the right to personal choices concerning marriage is inherent in

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.

In President Barack Obama speech regarding the Supreme Court's decision on marriage equality, he is addressing the public of the United States of America. President Obama makes this speech hours after the Supreme Court legalizes same sex marriage in all 50 states. The purpose of President Obama’s speech was to inform the public and show the LGBT community his support and gratitude. President Obama’s tone towards this subject is serious yet tender. Obama uses diction, details, and syntax to make his statement on marriage equality in the United States.

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.

On June 26, 2015, the U.S. Supreme Court removed the ban on same-sex marriage nationwide. On July 15, 2015, Kenneth Jost published an article named “Will there be more gains after marriage ruling?” In this article, Jost discusses the viewpoints of the general public and argues that there may still be a struggle to gain full rights and respect for lesbian, gay, bi-sexual, and transgender (LGBT) people. The article covers the reaction of the public on June 26, along with politicians stand-points on the subject, and the Caitlyn Jenner controversy. Jost’s main argument is that LGBT people are not being protected by the government, even though they have gained the right to marry.

At the time the article was first published, the push for legalizing gay unions was a controversial topic in the USA. The writer, ‘Rev. Louis P. Sheldon was at the time, the chairman of the Traditional Values Coalition, a California-based organization of some 32,000 churches’ (p. 1). He was obviously against the idea of accepting gay marriage and sustained that gay relationships are simply ‘unnatural’. Moreover, he stated that nearly 80% of Americans were opposing the legalization of marriage among gay people. Along with the author many people opposed to the idea at that time of his article – But in despite of that, gay marriage was finally legalized in the United States in June 26, 2015 (Wikipedia 2001).

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 article goes time by time laying out the case for the common reader. It make it very understandable and easy to follow helping the reader get a better sense of the case being presented. The article is a “play-by-play” of the justices, attorneys and all persons involved in the case speaking. It shows how many parts of gay rights were not completely understood by the justices and therefore the case turned into both a case and an gay rights educational study. One of the many concerns of the case came up shortly after this host of questions was asked. If same-sex marriage was deemed legal by the Supreme court, then would this lead the way for other groups trying to gain the same rights like polygamous (Barbash)? In return this also lead to concerns about the Supreme Court overstepping its jurisdiction and abusing its power. By some it was felt that since the State had the legal power over marriages, that the Supreme Court could not rule whether same-sex marriage had to be allowed or not (Barbash). After a few more questions are discussed in the article, it goes on the events of the hearing itself, like how a protester broke out in chant against same-sex marriage (Barbash). Overall this article is a good source because it shows the entirety of the case and not just one-point of view on the

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

On June 26, 2015, the US Supreme Court ruled that the US Constitution guarantees the right for same-sex couples to marry. Associate Justice Anthony Kennedy stated in the majority opinion: "The court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them." Many conservatives are completely against gay marriage and they have stated that they will fight to have the Supreme Court ruling overturned.

The court had taken away the power that was rightfully the states and required them to legalize gay marriage. Many states did not follow this law. A lot of county clerks either quit or stated that they would not issue the gay-marriage licenses. Some county officers even stopped issuing marriage licenses all together. A couple of judges dropped their licenses, and a United States senator told people to ignore the law. Many did not believe that these five individuals had the right to pass this law, and they were

Because the Constitution is a living and mutable document, it reflects the structure and values of the current government and guarantees personal liberties in the present. Thus, Justice Kennedy was able to use the Constitution in a fluid way to interpret DOMA: “While the Fifth Amendment itself withdraws from Government the power to degrade or demean in the way this law [DOMA] does, the equal protection guarantee of the Fourteenth Amendment makes the Fifth Amendment right all the more specific and all the better understood and preserved” (Kennedy’s June 26, 2013 Supreme Court decision). By striking down DOMA’s third Section, Kennedy removed an unjust limitation put forth by Congress and the President, and simultaneously, protected personal liberties. By interpreting the constitution in this manner, Kennedy preserves the union by preventing violence and protest that might otherwise occur if DOMA had been upheld. This smart political move, though it may have offended some deep-seated conservatives, pleased the 57 percent of Americans who support homosexual unions (Pew Research Center 2015 poll) and did not impose upon the right of heterosexuals to get married and enjoy the benefits of legal unions; au contraire, it expanded the number of people who were allowed access to marriage benefits. The government became

“When all Americans are treated as equal, no matter who they are or whom they love, we are all more free” (U.S. President Barack Obama, 2013). As early as 1924 our country has debated the idea of gays. In 1969 The Stonewall riots sparked the gay rights movement. In previous weeks debates continue involving the shooting at a gay nightclub in Orlando on June 12, 2016. However, our nation has fought for the ability to be equal, to embrace differences, and to build upon different ideas and cultures. Although, prejudice and discrimination still lerk among the hearts of Americans who will argue negative consequences involving the ability of same-sex marriage; yet embracing same-sex marriage supports financially, will support children involved, and

A major victory was won by the LGBT community when the Supreme Court ruled that same-sex marriage was legal on June 26th of 2015 across all of the United States. This ruling effectively states that any state-law restricting marriage to male-female is unconstitutional. This had been a fight since the 1970s when the issues of same-sex marriage first began to gain steam. Over the years, various states have legalised same-sex marriage to certain degrees, however it wasn’t until after 3 decades that the issue was finally acknowledged on a national level. This change furthers the ideology of freedom and equality of the american constitution and will invoke the betterment of

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.