The Amendment Of Same Sex Essay

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.

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

     All persons born or naturalized in the United States, and subject to      the      jurisdiction thereof, are citizens of the United States and of the State      wherein they      reside. No State shall make or enforce any law which shall abridge      the privileges or immunities of citizens of the United States; nor shall any State      deprive any      person of life, liberty, or property, without due process of law; nor      deny to any      person within its jurisdiction the equal protection of the laws      (http://www.house.gov/Constitution/Amend.html ).

As the numbers of gay couples have risen exuberantly in the last two decades, they no doubt

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (U.S. Constitution 14th amendment). There are only a few ways one can become a U.S.

This amendment gives "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Furthermore “if” you read under Section 1 of the 14th Amendment, it clearly references the following “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they

Hodges, the Supreme Court adjudges the banning of same-sex marriage as violation of the Fourteenth Amendment. The Court clearly establishes that marriage is a fundamental right because marriage is “decisions among the most intimate that an individual can make” (Obergefell v. Hodges, 12) and that individual autonomy should be protected under liberty. The Court also reasons that same-sex couples have the rights to enjoy intimate association that come with marriage. Because the Due Process Clause protects liberty of the citizens and rights to marriage is one of the fundamental liberties, prohibition of same-sex marriage violates the Due Process Clause. For Equal Protection Clause, the Court states that “same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right” (Obergefell v. Hodges, 17). Because it is solely the sexual preference of the same-sex couples that deprives them of these benefits, the Court argues that the prohibition of same-sex marriage is unconstitutional under the Equal Protection

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

A group of gay couples sued their various relevant state agencies in the states of Ohio, Michigan, Kentucky and also in Tennessee. The lawsuits challenged the constitutionality of the bans perpetrated by the states on same-sex marriages or the states’ refusal for the recognition of such legal marriages that occurred within their jurisdictions. The plaintiffs in Obergefell v. Hodges argued that the statutes in their states violated the clause of equal protection. It also violated the clause of Due Protection of the fourteenth amendment. One of the plaintiffs brought an issue with the claims of civil rights. In all the circumstances, the trying courts found favour for the plaintiffs. However, the court of appeal for the 6th Circuit reversed the rulings and held that the ban on same-sex marriages by the states never violated the couples’ 14th amendment rights. The following article will, therefore, give a description and summary of the case Obergefell v. Hodges. It will give its current argument and later take a position so as to argue for one side of the case.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens 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.

When understanding this case one must look at the true question being posed by people who don’t like the way it is now. Do those two sections have a purpose and are they still needed in the states constitution. The state which oppose change, states that the sections is upholding the beliefs and tradition of the state. It is “deeply rooted in our states history.” (Article IV, Sec 2)They argue that why should we rewrite the definition of marriage to one that has never existed.

The 14th Amendment states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.