Same-sex has been a trending topic for the past few decades. During this time frame, the support of

1000 WordsApr 23, 20194 Pages
Same-sex has been a trending topic for the past few decades. During this time frame, the support of same sex-marriage has risen to 53 percent. Although this is majority, the United States still struggles to find where it stands on same-sex marriage. An important case that shows the injustice treatment same-sex marriage couples go through is found in United States v. Windsor. United States v. Windsor is a case in which the United States Supreme Court held that restricting U.S. federal interpretation of “marriage” and “spouse” to affect only to heterosexual unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment. The Defense of Marriage Act (DOMA) argued that in…show more content…
This case is uncommon, however, because the letter was not lead by an opposing judgment. The letter in its place suggested the Executive’s own decision, relying on a definition still being argued and deliberated in the courts, that “heightened equal protection scrutiny should apply to laws that classify on the basis of sexual orientation”. The Justice Department filed notices of appeal. Before this Court acted on the petition, the Court of Appeals affirmed the District Court’s judgment. It applied intense analysis to classes based on sexual orientation, as both Windsor and the Department had pleaded. This position, however, ignores the difference between dual principles: the jurisdictional requirements of Article III and the prudential limits on its exercise. The requirements of Article III are as follows: “First, the plaintiff must have suffered an ‘injury in fact’—an invasion of a legally protected interest which is (a) concrete and particularized, and (b) ‘actual or imminent, not “conjectural or hypothetical.” ’ Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be ‘fairly . . . trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the court.’ This case clearly presented a concrete disagreement among opposing parties

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