Essay on Same-Sex Marriage

Essay on Same-Sex Marriage

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In the United States District Court, D. Utah, Central Division case, the debate was on whether or not the new Sections (Section 30-1-2 and Section 30-1-4.1) put in Amendment 3 were legal. After a long debate, a conclusion was reached: these Sections put into Amendment 3 were illegal because of the Due Process and Equal Protection Clause under the Fourteenth Amendment of the Constitution (Shelby, 53).
The court viewed many different cases that pertained to this case, including the following: United States v. Windsor, Loving v. Virginia, Baker v. Nelson, as well as several others. All of these cases helped the court make its decision to revoke the Sections that violated the Fourteenth Amendment.
The plaintiffs spent a great deal of time arguing Section 30-1-4.11 (Shelby, 8). They felt that this was a violation of their civil rights because they were being treated unfairly, as well as feeling others were being biased to just their beliefs. Under the Fifth Amendment you can’t be biased towards others just based on their sexuality.
The plaintiff argued that the defendants were misusing the Tenth Amendment, which implies that the federal government cannot intrude on a state’s decision to recognize same-sex marriage; therefore, Utah thinks that they should be able to choose whether or not they recognize same-sex marriage. The plaintiffs disagree with the defendants, as they say this case is not based on the interpretation of the Tenth Amendment, but instead, the Court grounded its holding in the Due Process Clause of the Fifth Amendment2 (Shelby, 12).
After the courts reviewed all the evidence and looked at Utah’s Sections about same-sex marriage, they drew a conclusion: “The court hereby declares that Amendment 3 is uncons...


... middle of paper ...


...ociety. Let’s get it done and over with so we don’t keep wasting time on this issue that seems to win every time that it is taken to the courts. Also, if we do this at the federal level and allow same-sex marriages throughout the US, we won’t have to deal with this same issue 47 more times for every state that could potentially have this case come up. To me that makes sense because the federal law tends to overrule the instate laws, saying they are unconstitutional according to federal law under the Fourteenth Amendment and the Fifth Amendment.



Works Cited

Hanson, R. (2009, April 3). Varnum v. Brien. iowacourts.gov. Retrieved March 18, 2014, from http://www.iowacourts.gov/wfData/files/Varnum/07-1499(1).pdf
Shelby, R. (2013, December 20). Case 2:13-cv-00217-RJS. ud.uscourts.gov. Retrieved March 18, 2014, from http://www.utd.uscourts.gov/documents/213cv217.pdf

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