The Equal Protection Clause Of The Fourteenth Amendment Essay

The Equal Protection Clause Of The Fourteenth Amendment Essay

Length: 1507 words (4.3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

There are two questions brought before us today one being on weather the Fourteenth Amendment to the Constitution requires states to issue marriage licenses to same-sex couples, and whether states must recognize same-sex marriages performed in other states where they are legal. This court believes that the equal protection clause of the Fourteenth Amendment to the Constitution requires states to issue marriage licenses to same-sex couples. The Equal Protection clause of the Fourteenth Amendment prohibits states to create laws that violate the rights and privileges of United States citizens; every citizen has equal protection of the law. Currently states have been denying same-sex couples the right to get married claiming that marriage is a bond between a man and a woman using the Defense of Marriage Act (DOMA).
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...


... middle of paper ...


... 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.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Fourteenth Amendment Essay

- The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage....   [tags: United States Constitution]

Better Essays
730 words (2.1 pages)

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

- 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....   [tags: Fourteenth Amendment to the US Constitution]

Better Essays
1269 words (3.6 pages)

Extent of affirmative action violating the equal protection clause Essay

- Debate has been firm, and there has been major controversy surrounding affirmative action since its introduction. Affirmative action was first established by President John F. Kennedy on March 6, 1961(WM. Bradford Reynolds,1992,p.39). Controversy surrounding affirmative action is due to its questioning of constitutionality. Affirmative action conflicts with the equal protection clause. The debate is whether Affirmative action (provides opportunities to excluded groups over other groups) conflicts with the equal protection clause (requires all individuals to be treated equally under the law in the same jurisdiction)....   [tags: Constitutionality, Discrimination]

Better Essays
1746 words (5 pages)

The US Constitution: The Difficulty of Adding an Amendment Essay

- The United States Constitution is considered to be more concise as well as much older than the constitutions of other nations worldwide. Although the United States Constitution is mature, there are such a limited number of amendments that have been added to the Constitution since it was created. Only twenty-seven amendments, including the Bill of Rights, have been added to the Constitution since its creation. This is not due to amendments not being suggested, because over eleven thousand amendments have been contemplated; however, this is because the process of adding an amendment to the Constitution is an extremely long and difficult process....   [tags: american history, amendment]

Better Essays
1000 words (2.9 pages)

Essay about The Fourteenth Ammendment and the Fight for Equal Rights

- By the summer of 1865, the United States of America emerged from one struggle directly into another. After years of tension over state rights and slavery, the nation had exploded into a civil war, only to emerge bloodied but still intact. The question now was how to keep the nation intact, while protecting the freedmen and ensuring that the same powers that had ignited the war could come back to power. To Garrett Epps argues in his book Democracy Reborn: The Fourteenth amendment and the Fight for Equal Rights in Post-Civil War America that the 14th Amendment passed by the 39th Congress of the United States was the penultimate reaction to ensure that recently freed slaves were guaranteed the...   [tags: Post-Civil War America]

Better Essays
1114 words (3.2 pages)

Due Process Of The Fourteenth Amendment Essay

- Due Process is a fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that that a law shall not be unreasonable, arbitrary, or capricious (The Free Dictionary). Due process of law is found in both the Fifth and Fourteenth Amendments. The Due Process Clause of the Fifth Amendment, which was ratified in 1791, applies to the federal government and the Due Process Clause of the Fourteenth Amendment was ratified in 1868 and applies to state government....   [tags: Supreme Court of the United States]

Better Essays
1320 words (3.8 pages)

Essay on The Fourteenth Amendment and Equality Under the Law

- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights....   [tags: Papers 14th Amendment History Essays ]

Better Essays
776 words (2.2 pages)

The Amendment Of The Fourteenth Amendment Essay

- The 14th amendment speaks formally to many aspects which deal with the citizenship and also the citizen rights. The 14th amendment consist of different section which under up to five. It also consist of important concepts which deals with the action of the state which is most famously, the immunities and the privileges, the protection which is equal and the due process, all this are contained in the first section. The section two involves the apportionment which are used to representatives for the congress2....   [tags: United States Constitution]

Better Essays
1039 words (3 pages)

Analysis Of Two Anti Miscegenation Cases Essay examples

- The Statutes Analysis of two Anti-Miscegenation cases In the Loving v. Virginia, 388 US 1 (1967) is the landmark ruling that nullified anti-miscegenation laws in the United States. In June 1958, Mildred Loving, a black female, married Richard Loving, a white male, in Washington, DC. The couple traveled to Central Point, Virginia and their home was raided by the local police. The police charged the Loving’s of interracial marriage, a felony charge under Section 20-58 of the Virginia Code which prohibited interracial marriages....   [tags: Fourteenth Amendment to the US Constitution]

Better Essays
991 words (2.8 pages)

14th Amendment -EQUAL PROTECTION UNDER THE LAW Essay

- EQUAL PROTECTION UNDER THE LAW In school especially, as well as throughout our daily lives, we learn in America to live by the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding fathers of this nation created a Constitution which included laws that dealt with individual freedoms....   [tags: essays research papers]

Better Essays
925 words (2.6 pages)