Same-Sex Discrimination

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The main issues of this legislation revolve around commerce and federal preemption. From the cases discussed in lecture and discussion, there are two cases that have a strong, direct correlation to the cases and many others that have a secondary or weaker correlation to the legislation. Windsor (2012) has the greatest correlation because of the topic at hand. Windsor challenged the constitutionality of the Defense of Marriage Act (DOMA) citing that the act discriminated against the ability of Edith Windsor to collect her spouse's estate by imposing estate taxes that other non-same-sex couples were not subject to. There were three questions at hand; one regarding the statement by the Executive Branch that the law is unconstitutional, one regarding the Bipartisan Legal Advisory Group which wanted to represent the government, and one regarding whether or not Edith Windsor's Fifth Amendment rights to equal protection were violated. The decision of the court allowed jurisdiction, left the second question unanswered and stated that DOMA was unconstitutional and violated equal protection rights. The decision was 5-4 in favor of Windsor with Justice Kennedy writing the opinion. Heart of Atlanta (1964) was a case involving discrimination of African-Americans from staying at the Heart of Atlanta Motel. The question at hand was whether Congress overstepped its commerce powers with the Civil Rights Act by limiting the ability of businesses to choose their customers based on race. The court decided that Congress did not overstep its powers, is able to regulate commerce at the local level, and that the Civil Rights Act was constitutional. The decision was 9-0. Similarly, the case of Katzenbach v. McClung (1964), which handled the issue of disc... ... middle of paper ... ...lance in discrimination and promote the same-sex rights agenda. In the end, equal protection supersedes the Commerce Clause issues. After examining the legislation, I would recommend to the Senator that the law is constitutional and that co-sponsorship would be a benefit to the office and a positive victory for the support of same-sex rights, especially equal protection. Based off of the decisions in Windsor (2012) and Heart of Atlanta (1964), and the history of Commerce Clause cases, I would argue that based on precedent, that the law is constitutional and that even if challenged, that the composition of the Supreme Court would uphold the constitutionality of the law. The recent shifts in ideology regarding same-sex rights is no different than the arguments presented in civil rights era cases. Same-sex couples deserve equal rights and freedom from discrimination.

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