However as it was decided in U.S. v. Windsor, 133 S. Ct. 2675 the definition that marriage is the bond between a man and a woman is unconstitutional. It was held that DOMA specifically section three which implies that marriage could only apply to heterosexual couples was unconstitutional violating the Equal Protection clause. Therefore denying same-sex couples the right to marry is a clear violation of their Fourteenth Amendment rights.
The traditional definition of marriage as being the union between a man and a woman comes from a religious background comes out of Christianity specifically. Our founding father gave the citizens of the United States the freedom to practice religion and the freedom not to practice religion. Our government is one that is based on secularism to make sure that discrimination does not occur because of religious reasons. Therefore the religious definition of marriage does not apply on a legal...
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... The Equal Protection clause of the Fourteenth Amendment prohibits the State to discriminate against United States Citizens. The petitioners have clearly shown that they are being discriminated against and the State laws are not being applied equally. Although, the respondents claim that this is not a case about discrimination but rather states having the right to choose if they want to legalize gay marriage. That the law is not meant to make everyone equal but to rather be applied equally. We have seen that the law is not being applied fairly, that same-sex couples have the fundamental right to get married under the Equal Protection Clause. Same sex couples are entitled to the same rights that heterosexual couples benefit from.
We hold that the Equal Protection of the Fourteenth Amendment to the Constitution requires states to issue marriage to same-sex couples.
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