The Amendment Of Same Sex Couples From Ohio, Michigan, Kentucky, And Tennessee

The Amendment Of Same Sex Couples From Ohio, Michigan, Kentucky, And Tennessee

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Obergerfell V Hodges: Groups of same sex couples from Ohio, Michigan, Kentucky, and Tennessee all had cases in their own states, but when brought to the supreme court, they all combined as one. These couples challenge the states refusal to recognize legal marriage documents. It is said that the states statutes violate the equal protection clause as well as the due process clause of the fourteenth amendment, additionally, the civil rights act. The U.S court of appeals reversed and held that the states ban on same sex marriage and refusal to recognize marriages obtained in other states is not constitutional.
The legal Issue here is whether the 14th amendment requires a state to license a marriage between two people regardless of sex, as well as deciding whether it requires a state to recognize a marriage obtained in another state.
The holding of this case is that the 14th amendment does require all states to acknowledge marriage of two people, as well as it is unconstitutional to forbid any two people rights to marriage in the state boundaries.
In the opinion of the court, the due process clause does in fact guarantee the right to marry as a liberty, and this applies to any same sex couple in the same sense that it does to opposite sex couples. Precedent has held that the right to marry is a fundamental liberty as it is inherent to the concept of autonomy and it additionally protects the most intimate relationship and state of two people. It does also provide a safe and more stable relationship for children and families. Leaving out same sex couples in the right to marry simply violates the Due Process Clause. Additionally, the majority states that the first amendment protects the rights of religious organizations to adhere to...


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... in the decision of this case. Additionally, I am partial to voter’s rights and I think that the depriving any American of the right to vote is unconstitutional. The act was originally made to expire, which is a very important aspect of the case. while there was low voter turnout and this was a way to combat this, times have changed and the act now infringes on voter’s rights. I think that to keep extending the act is pushing too far and this should just be left alone at the current times. I think that it is in fact exceeding authority under the 15th amendment to have it going for so long. I also think that there is not a substantial reason to extend and renew the act, therefore it should not be approved. Lastly, I think that the evidence that hey are using, are much based on older times and it is not a good indication of the current times and current circumstances.

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