The Issue Of Same Sex Marriage Essay

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Overview On June 26, 2015, the U.S. Supreme Court, with a 5—4 majority decision, held that marriage is a fundamental right that should apply to same-sex couples based on the Due Process Clause and the Equal Protection Clause. Based on The Fourteenth Amendment of the Constitution, all fifty states must license and recognize a marriage between two people of the same gender. This is a significant change in the history of the United States, and supporters of the case honor the five judges in their reasonable, impartial, and progressive opinions. Regardless of the common religious and moral arguments with same-sex marriage, this decision presents significant social issues. In fact, four members of the Supreme Court held dissenting votes against the majority decision, which includes Chief Judge Roberts, the most senior member J. Scalia, as well as J. Thomas and J. Alito. These justices bluntly criticized the majority opinion through pointing out problems that can cause serious detriments to the society. Supreme Court’s Decision Is Based On No Legal Foundation Under federalism, each state in the Unites States has its own constitution and judicial, legislative, and executive representatives who exercise the state’s reserved powers and decide specific delegated powers to the federal government. The Supreme Court has the right to declare state laws unconstitutional only when the state law clearly violates federal laws under the preemption doctrine. In the past, states had its

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