The Recently Changed Definition of Marriage
On June 26th, 2015, the United States Supreme Court voted to legalize same-sex marriage nationwide and in doing so, rattled the belief system of many Christians around the country. Many took to social media and with the terror and panic of Chicken Little cried, “The sky is falling”, while others lashed out in hateful speech towards the lawmakers and the homosexual community that celebrated their newly given liberty. As Christians begin to look toward the future with a new definition of marriage put into effect before the country, many begin to question what this will mean for the next generation of believers and for the church moving forward. While the federal government may revise the definition of marriage, as outlined in the constitution, it does not have the ability to change the truth of scripture or the definition of marriage outlines within.
The argument brought before the Supreme Court was to eliminate the ban on same sex marriage that was still held by thirteen states. This was done as part of a lawsuit called Obergefell versus Hodges. Court documents outline that, “14 same-sex couples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performed in another State given full recognition.” (United States Court of Appeals)
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 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
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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.
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
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 judges based their decision on the principle of equality of all before the law. The 14th Amendment requires a state to celebrate a marriage between two persons of the same sex. According to US constitutional law, each US state has its own Constitution, but it is above all the US Federal Constitution. To date 37 of the 50 American states, as well as the District of Columbia, recognized gay marriage. Now, the 14 American states that still refuse to unite two persons of the same sex will not only have to marry
The case Obergefell vs. Hodges reached the United States Supreme Court in 2015 (Oyez). This case dealt with the rights of same-sex marriages and became important case in our nation’s young history and in our society in general. The problem was groups of same-sex couples were being told that their marriage licenses were not being upheld to the same legal standards as those of heterogeneous couples. Therefore same-sex couples in Ohio, Tennessee , Kentucky, and Michigan went and sued these agencies in challenge of their constitutional rights (Oyez).They took their issue to court because they believed that the states were denying them their 14th amendment rights without due process. They couldn’t understand why their marriages license were not
Multiple groups of same sex couples sued their state agencies in four different states Ohio, Tennessee, Michigan, and Kentucky to challenge the constitutionality of those four states ‘ban on same sex marriage. The plaintiffs of each case argued that the states’ statues violated the Equal Protection Clause and their Due Process Clause of the Fourteenth Amendment. One plaintiff group also brought up claims under the Civil Rights Act. The Trial court found in favor to all of the plaintiffs cases. The U.S. Court of Appeals reversed and held that the states’ ban on same sex marriage and refusal
Out of five key Supreme Court rulings, Obergefell v. Hodges was selected to be evaluated in this piece. The ban on same sex marriage is the law being challenged in the case. According to the case study, “groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage…” (Oyez, 2014).
In over half a century, marriage has transformed from being a social requirement to simply being an option in today’s society. What has caused this change? Many institutions in our society have changed drastically along with marriage. Although these institutions have not caused marriage to be optional, they do strongly correlate with the decreased value. The economy, education, religion, and government have all altered since the 1950s. When any institution encounters a change, all other institutions are affected. Family is a major institution in society, and I believe that marriage is an important aspect of this institution. Cohabitation, religion, women in the work world and divorce have all effected the way marriage is viewed today.
The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. As a heavily campaigned development currently discussed in law assessment; these extremely confrontational and debatable political questions are facing present day American courts. If same-sex marriage is legalized, its affect on the parents, children, same sex couples, families, and the social and political world will be astronomical. The arguments surrounding the issue though confrontational nonetheless are easily seen from a wide array of perspectives. One of the perspectives states that marriage is a promise to a spouse to stay loyal and faithful in all
As we know, same-sex marriage has been discussed and argued for a long time. Within the controversial topic of gay rights, there’s no area more controversial than same-sex marriage. And all of us ask ourselves if same-sex marriage should be legal or not. But the fact is that we have to start thinking about it as a moral and religious topic. The government shouldn’t legalize the same-sex marriage because the
The United States is a country built on a number of ideals and institutions. The moral structure of many Americans today was developed by our ancestors and the founders of this nation through the institutions that were a part of their lives. Family, religion, marriage, equality, and justice are just a few examples of the important components that provide a moral basis for our country. If any of these elements were to become too mutated, the effects on society could be devastating. Right now in the United States, one of these building blocks of society is being threatened by the possibility of a negative transformation. The building block of marriage as the sacred
Today, the idea of marriage conjures images of bashful brides beautifully draped in all white, of grandiose flower arrangements climbing towards the ceiling, of romance personified. As an institution in this modern world, marriage represents the apex of romantic love, with an entire industry of magazines, movies, and television shows devoted to perpetuating marriage as an idealized symbol of the ultimate love between two people. Contrarily, as a sociological institution, marriage comes from much more clinical and impersonal origins, contrasting with the passion surrounding modern understandings of the institution. Notably, french anthropologist Claude Levi-Strauss theorizes that the institution of marriage emerged from a need to form alliances between groups, with women functioning as the property exchanged so that such alliances could be solidified (Levi-Strauss).