Same Sex Marriage In Supreme Court Cases

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 powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

In conclusion, the federal state should definitely have the power to make decisions on marijuana, abortion, and gay marriage. These are all things that fall under the umbrella of state law at the moment, but that should be changed. The varying states’ interests and laws keep peoples’ full rights out of their hands. In order to keep the United States’ promise of equal rights and protections under the law, the U.S. needs to take control of these three controversial

“The powers not delegated to the united states by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” The purpose of the tenth Amendment is to define the division of power between the federal government and state governments.

In the United States Constitution it is stated that “No single section of the constitution deals with federalism. Instead, the provisions dividing power between the states and the national government appear throughout the constitution. Most of the constitution is concerned with establishing the powers of the national government. National power is also based on the supremacy clause of article VI, which says that the constitution and laws made in accordance with it are “the supreme law of the land”. This means that when national and state laws conflict, the national laws will be followed. Article I, section 9 limits the power of the national government over individuals. The tenth amendment the constitution also limits the state powers in Article I, section10 and denies the states certain powers” (Keeping the

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 controversy between marriage equality and the exercise of religious freedom is a confliction between nondiscrimination laws and religious freedom laws. Religious freedom seemed to be an important aspect of an American citizen, after all it is the very first amendment to the constitution. With each American citizen being granted equality by the Civil Rights Act of 1964, discrimination made against an individual based on his/her sexual preference may seem to violate this act. In history, religious organizations typically been immune from state and local laws prohibiting discrimination based on sexual orientation. However, with the cases of Obergefell v. Hodges and Kim Davis this stance is challenged.

In a very real sense, it is reasonable to argue that the government should have no say at all in the processes of marriage, or decide which adults may or may not legally marry. State and federal governments play a role, of course, in that marriage is a civil union, and provides benefits and legal protections for the couple. Historically, marriage serves the interests of the society by promoting stability and future generations of citizens, and governments usually act in ways to promote this very vital element. At the same time, it is highly questionable whether this governmental authority should have any voice in who chooses to marry, provided those involved are adults and wish to do so. This is in fact, at the heart of the same-sex

In the case of Barron v. Baltimore in 1833, the Supreme Court ruled that the Bill of Rights are just restrictions on the federal government alone. To prevent the states from limiting rights granted to the citizens in the Constitution, the 14th Amendment was passed. The 14th Amendment was adopted on July 9, 1868 as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves after the American Civil War. It was severely contested, especially by the states of the Confederacy that were defeated and were forced to ratify it in order to regain representation in Congress. The amendment’s first section includes many clauses, but one important one is the Equal Protection Clause. This clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. The clause has also been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. Eventually, selective incorporation occurred in which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th Amendment. Now, the same liberties that were granted to the federal government, were now enacted with the state governments. Same-sex marriage is one of these fundamental rights, rights that require a high degree of protection from government

The Tenth Amendment states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states’, are reserved to the states’ respectively, or the people (List of Amendments to the United States Constitution). The Bill of Rights is a clear establishment of the restrictions on Federal authority. James Madison, along with numerous other framers, feared the monarchical powers. The framers fought against the tyrannical rule of the King, setting forth the foundation upon which the colonies designed their government and consequently led to the authoring and ratification of the Constitution. The US Constitution’s purpose can be said to have been to fill in the gaps of all the unenumerated powers of the states. This is where we begin to understand the confusion of two centers of power with sovereign authority. Which one leads the nation by authority? Or as I like to say, “which came first, the chicken or the egg?” The Supremacy Clause was set forth to dispel the issues that confuse us all between the federal law and state law. Article VI of the Constitution establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, and the judges in every

I believe the Tenth Amendment means that any power that the constitution does not give to the U.S government belongs to the states and the people, excluding the powers that the constitution says the states can not have.

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).

The tenth Amendment “The power not delegated to the united states by the constitution, nor prohibited by it to the state, are reserved to the states respectively, or to the people”(10, Bill of rights). This Amendment was included in Bill of Rights to express the balance power between the federal government and state government. The amendment says that the federal government has only those powers given by the Constitution. “Those powers are to declare war, to collect taxes, to formulate business activities between states and many more which are listed in the articles. According to the Amendment the power which are not listed in the article, belongs to the states or the people.

“The Tenth Amendment aims to reserve powers to the states”. This is what gives states the right to make their own laws, as long as they are taking the other states into consideration. I think that federal officials should exercise greater power to require more uniform policies in the states. For example, no matter where you commit a crime, the punishment should be enforced through all of the states and not just one.

The article I choose was called Supreme Court Rules Gay Marriage Is a Nationwide Right. "The Supreme Court on Friday ruled same-sex couples across the nation have a protected right to wed, a milestone choice that scrapes away state bans on gay unions and tops a fast American change on the importance of marriage" (Bravin, 2015). The 5-4 choice composed by Justice Anthony Kennedy, his fourth real gay rights, administering more than two decades, struck down limitations in power in 13 states and means each of the 50 states must perceive same-sex unions. The court was considering a test to laws in Kentucky, Michigan, Ohio and Tennessee that restricted marriage to inverse sex couples. The decision for the situation, Obergefell v. Hodges, takes after a fast move in legitimate and societal acknowledgment of same-sex marriage over the previous decade and reflects all the more by and large how gay rights throughout an area have moved to the forefront from the edges of a national level headed discussion over the importance of balance. Gay rights supporters cheered Friday 's decision, both before the Supreme Court and in unrehearsed festivals across the nation.