Same Sex Marriage Should Be Legal

1254 WordsApr 27, 20176 Pages
a person believes in something different does not mean they are not human as well. The court did notice marriage as a fundamental right. However, they took the position that the fundamental right to marry does not include a right to make a State change its definition of marriage, and that the previous cases dealing with the fundamental right to marry did not provide that anyone who wants to get married has a constitutional right to do so. The dissent concerns were more that the majority opinion was an act of will, not of legal judgment. Under the Constitution, judges do have the power to say what the law is, but not what the actual law should be. Both the majority opinion and the dissenting opinions contain some language of interest…show more content…
It will bring up questions of people of faith because of the conflict of the new law accepting the rights for same sex to marry, but at the same time they can refuse service if they do not accept gay marriage. The system of federalism established by the Constitution provides a way for people with different beliefs to live together in a single nation. People of faith should want to accept people for humans and not as a mean of breaking their religious codes. Religious conservatives should not be alarmed at the fact of same-sex marriage because their views are protected by the Constitution. Marriage is a civil right as well as a religious institution. “ In American politics the concept of equality tends to trump the First Amendment, and the left has already successfully framed marriage as a civil right (The American Spectator)”.Kennedy makes a great point about the amount of time used for cases. In 1954 Brown v. Board of Education case, the justices outlawed racial segregation in public education, but the opinion was later read by judges to strike down racial segregation broadly in city parks, swimming pools, bus stations and elsewhere. Obergefell v. Hodges is not quite the Brown v. Board of Education for gay rights. State sponsored oppression of gays and lesbians in society is not as severe as what African Americans endured in the 1950s. Because of the enormous progress made in recent decades, Obergefell

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