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09/26 US Constitution same sex marriage essay
The history of same-sex marriage paper
09/26 US Constitution same sex marriage essay
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The legal definition of marriage is a relationship between one man and one women. Now, it seems like the government is trying to redefine what marriage is supposed to mean. There are many points of views on this issue. One could say this is about morality, letting homosexuals to feel happiness in marriage, religion, and the list goes on. This issue of same-sex marriage has been around for a long time, especially in this country. This country has been debating whether or not to legalize same-sex marriage. Just recently, the U.S. general attorney decided to make same-sex marriage legal in every State. According to CNN, now gay couples can file federal and legal matters, such as health care and even retirement. As time goes on, more people are engaged in this issue whether or not to legalize same-sex marriage. More people are supporting this issue in the recent years compared to twenty years ago. Now, the Supreme Court has legalize same-sex marriage for the whole country with the DOMA law, Defense of Marriage Act law.
For a little history in same-sex marriage, the first case was in 1990, then dismissed in 1999, by the Hawaii Supreme Court’s ruling in the case of Baehr v. Mike. The Hawaii Supreme Court banned same sex marriage because they said that it violated the state constitution. Then in 2003, the “Homosexual Conduct” law by Texas State, in the Lawrence v. Texas, was struck down by the United State Supreme Court. It was struck down because sodomy laws along with nine other states. Then another case in the late 2013, there was another case, Goodrige v. Department of Public Health, which dealt with the Massachusetts Supreme Court. Goodrige v. Department of Public Health was a case where the GLAD, Gay and Lesbian Advocates and Defe...
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Supreme Court's DOMA decision driving same-sex marriage efforts in states. (n.d.). Pew Research Center RSS. Retrieved February 16, 2014, from http://www.pewresearch.org/fact-tank/2013/10/21/supreme-courts-doma-decision-driving-same-sex-marriage-efforts-in-states/
UNITED STATES v. WINDSOR. (n.d.). SUPREME COURT OF THE UNITED STATES. Retrieved February 16, 2014, from http://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf
United States v. Windsor. (2014, October 2). Wikipedia. Retrieved February 15, 2014, from http://en.wikipedia.org/wiki/United_States_v._Windsor
Wong, C. (2013, October 10). DOMA Decision Is 'Contrary To Natural Created Order Of God Almighty,' Says Liberty Counsel's Mat Staver. The Huffington Post. Retrieved February 16, 2014, from http://www.huffingtonpost.com/2013/10/10/mat-staver-doma-_n_4078222.html
Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.P.pdf (last visited Apr.4, 2014).
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
"Ford v. Wainwright - 477 U.S. 399 (1986)." Justia US Supreme Court Center. JUSTIA US Supreme Court, n.d. Web. 19 Feb. 2014
"Schenck v. United States." Schenck v. United States. Chicago-kent College of law , n.d. Web. 6 Jan. 2014.
Wagner, F. D. (2010). McDonald et al. v. City of Chicago, Illinois, et al.. Supreme Court of the United States, 1, 1-214. Retrieved May 4, 2014, from http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
Elk Grove Unified School District v. Newdow case is a litigation that was brought by an atheist father seeking for a determination of the constitutionality of the practice of recitation of the Pledge of Allegiance by public school students since it contained the phrase “under God.” The Supreme Court had two major issues to determine i.e. whether Newdow had the legal standing to challenge the constitutionality of the practice and school board’s policy and whether the phrase “under God” was an infringement of the Establishment Clause of the country’s constitution. In its ruling, the Supreme Court argued that Michael Newdow did not have the legal standing to file the litigation since he was a non-custodial parent.
Rodriguez V. Attorney General Of Canada." Issues In Law & Medicine 9.4 (1994): 389. Academic Search Complete. Web. 16 Nov. 2013.
R. v. Martineau, [1990] 2 SCR 633 (n.d.). In Judgements of the Supreme Court of Canada.
On June 26, 2015, The U.S. Supreme Court ruled that same-sex marriage is a fundamental right in the decision on Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. This controversial decision overturned the law of more than 17 states. In the 5-4 decision, Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan voted with the majority and Justices Roberts, Scalia, Thomas and Alito were dissenting. At the heart of the controversy is the philosophy of judicial restraint and judicial activism. Was the Obergefell decision an example of judicial activism? Certainly, because it declared state laws banning same-sex marriages as unconstitutional. The Court’s decision, which was based on precedent and interpretation of the Constitution, was just.
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
The cases presented the situations of the pregnant single woman, the childless couple, and the practicing physician. They determined that Roe and Hallford had just cause to sue because they presented justiciable controversies. The Doe’s had failed to allege facts sufficient to state a present controversy, thus they had no standing for a case. It was decided that with respect to the respect to the requests for a declaratory judgment, abstention was not warranted. The court found that the fundamental rights of single women and married persons to choose whether to have children is protected under the ninth amendment, through the fourteenth amendment. They also found that the Texas abortion statutes are void as vagueness and for overbroadly infringing the ninth and fourteenth amendment rights of the plaintiffs. The district court ruled in Roe’s favor on the legal merits of her case, but declined to grant an injunction against the enforcement of the laws barring
Associated Press, . "New York Becomes the Sixth State to Legalize Gay Marriage." (2011): 4.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
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The ruling of Baehr vs. Lewin was a victory for gay rights activists, hope for other states searching for the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short lived (until complete legalization in November 13, 2013) since the state appealed the lower court’s decis...