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.
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
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Imagine after years of searching you found that one person, your one true love, to spend the rest of your life with. Both of you are deeply in love with one another and want to celebrate your commitment by getting married and raising a family. Both of you go to get your marriage license only to be told by State officials that you do not qualify for one because you are both from the same sex. Unfortunately, this was the hardship that most same-sex couples in America faced every day for the past several decades.... [tags: Same-sex marriage, Marriage]
1289 words (3.7 pages)
- Same-Sex Marriage should be legalized Marriage is defined as the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law. It stems all the way back to biblical days when God created Adam and Eve, a perfect partnership of a man and women. While you receive a state issued Marriage license, marriage has been primarily controlled by the church and officiated by a Priest or Pastor. I find it hypocritical that Americans do not want God in schools or law making processes but use it as a scapegoat to ban same-sex marriages.... [tags: Marriage, Same-sex marriage]
1037 words (3 pages)
- создание семьи, 婚姻, sey, marriage. All represent the same word, but interpreted differently amongst the four countries in discussion. Whether in Russia, China, the Gambia, or the United States marriage and divorce is very intertwined in the culture. Between the four countries, the concept of marriage was fairly similar, while divorce was vastly different. Heterosexual marriage is considered vital in all countries in order to have stability, contain a balance in family dynamics, and to be successful.... [tags: Marriage, Same-sex marriage, Divorce, Wedding]
1865 words (5.3 pages)
- A Research of Same Sex Marriage Legalization A traditional marriage took on a role of saving men and women from being sinful, sharing love, and of procreation. The institution of marriage has not changed through many years of history. Many people hold the view that regardless of how people enter into matrimony, marriage is a bond between two people that involves responsibility and legalities, as well as commitment and challenge. However, different people have different opinions about marriage.... [tags: Same-sex marriage, Homosexuality, Marriage]
1995 words (5.7 pages)
- The American nation was founded on the principles that were viewed as inalienable by our founding fathers; life, liberty and the pursuit of happiness. For most American citizens these rights are granted to them as long as they continue to abide by the laws and standards of their communities. However, there are citizens who pay their taxes and remain within the boundaries of the law who are continually denied these rights. Rights that the founders of this country went to war with Britain to guarantee to each and every American.... [tags: Homosexuality, Same-sex marriage, Marriage]
1440 words (4.1 pages)
- As of June 26, 2015 the legalization of same sex marriage was passed in over 15 states in the United States of America. Same sex marriage was one of the biggest controversies known world wide due to religious beliefs, personal beliefs, and parental beliefs. Although many can argue why they disagree with same sex marriage, research and personal experience will show why same sex marriage is approved. The number one con of same sex marriage is of course religion. Some believe that if you date of the same sex then you will go to hell.... [tags: Homosexuality, Same-sex marriage, Marriage]
851 words (2.4 pages)
- Same Sex Marriage Is Not Acceptable On June 26, 2015, the U.S. Supreme Court came to the conclusion that marriage is a right protected by the U.S. constitution in all 50 states. Prior to their decision, same sex marriage was legal in 37 states, including Washington D.C. Same sex marriage goes against what the bible says. I feel that homosexuality is unnatural and immoral. Gay marriage is incompatible with the beliefs of several Christian. Marriage is the joining of a man and a woman, who loves one another and wants to spend the rest of their lives together.... [tags: Homosexuality, Same-sex marriage, Marriage]
873 words (2.5 pages)
- Legalization of Same-Sex Marriage: The Impact Same-Sex Marriage a legal union of two individuals of the same gender. From the Freedom to Marry campaign to TV shows like Modern Family, the movement to legalize same-sex marriage in America has risen over the years and continues to spark controversy. On the show Modern Family, Mitchel and Cameron play two married, gay fathers who adopt and raise Lily, a Vietnamese orphan. Like most actual father, they both dote on their daughter, push her to succeed and provide her with a happy home.... [tags: Same-sex marriage, Marriage, Homosexuality]
1023 words (2.9 pages)
- Same-Sex Marriage Laws State administrations, voters, and more lately the courts have made sweeping modifications to laws defining whether marriage is restricted to relations between a woman and a man or is extended to same-sex individuals. The status of same-sex marriage has been a contentious issue for a long time, even though several states recognize it. In 1993, the Supreme Court in Hawaii articulated that it could not prohibit same-sex marriages without a convincing reason. Even though gay marriages never took place in Hawaii, the decision caught national attention and sparked the passing of Defense of Marriage Act in more than forty states.... [tags: Same-sex marriage, Marriage, Homosexuality]
1732 words (4.9 pages)
- Everyone is aware of marriage. We have heard about it, gone to one, or even been in one. The idea of marriage is something that is bestowed upon us and something that we look forward to ever since we were children, but what about those who what to get married to the same sex. How is that possible. As you know, everything changes at some point or another, this includes marriage. That is why same-sex marriage should be legalized. It has come to a point where the idea or a “normal” marriage has to change in order to fit in with a constantly changing society.... [tags: Marriage History, Same Sex Marriage]
1247 words (3.6 pages)