The Amendment Of Same Sex Marriage - 1441 Words

The Judicial branch told the states that it is unconstitutional to not allow same sex couples to marry or have a marriage license. The Fourteenth Amendment talks about the right for Due Process. The Fourteenth Amendment protects privacy rights. Obergefell vs Hodges talks about same sex marriage. Some states did not want to give marriage licenses to the same sex and that was part of the issue in Obergefell versus Hodges. In the 1980s, it was hard to be gay or lesbian. It was considered criminal in some states. The Fourteenth Amendment does support the case of same sex marriages. For both opposite sex marriage and same sex marriage the partners need a license to be married. The court has a Due Process Clause to help with the Fourteenth Amendment. The Due Process Clause states, â€Å"The Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same sex couples in the same manner as it does to opposite- sex couples.† (Whalen) The exclusion of same sex couples from the right to marry one another goes against the Due Process Clause. â€Å"The Equal Protection Clause of the Fourteenth Amendment also guarantees the right to same-sex couples to marry as the denial of that right would deny same-sex couples equal protection under the law.† (Whalen) Religious organizations have to adhere to the principals of same sex marriages. â€Å"The Constitution and judicial precedent clearly protect a right to marry and requi re states toShow MoreRelatedThe Amendment Of Same Sex Essay941 Words   |  4 Pagesof Hodges and offer these accompanying thoughts. In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage â€Å"is not a fundamental right,† and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only require rationalRead MoreThe Issue With Same Sex Marriage1704 Words   |  7 PagesThe Issue with Same Sex Marriage has been debated for over a decade and we have seen conflicts of concerns regarding the rights of homosexuals. Do they have the right to same sex marriage? First must look for the level of definition from the word marriage. We must first look at the Federal Marriage Amendment (FMA), in which i t states that marriage is defined as a union between one man and one woman. On July 18th, 2006, the Congressional voted on the proposed Amendment that befell onto the House ofRead MoreSupreme Court Case Study725 Words   |  3 Pages with a 5-4 majority, a controversial ruling decreeing that denying equal recognition to same-sex couples was in violation of the Equal Protections Clause of the Fourteenth Amendment. Those on the minority cited concerns of judicial restraint, the connection between marriage and procreation, and whether or not marriage is a Constitutional issue in the first place. Nevertheless, equal recognition for same-sex couples became the law of the land. History James Obergefell and his partner John ArthurRead MoreWhy Did The 14th Amendment Guarantees Equal Protection Under The Law?1092 Words   |  5 Pagesthe summer of 2015 the U.S supreme court ruled in favor to legalize same-sex marriage in all 50 countries in the United States. This all occurred because of the Obergefell v. Hodges (2015) case. This very important case involved â€Å"14 same-sex couples and two men whose same-sex partners are deceased† and the couples argued that the â€Å"state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and alsoRead MorePersuasive Essay On Same Sex Marriage1368 Words   |  6 Pages Marriage is the legal and formal recognition of the union of a man and a woman. This simple definition has been modified several times.In the past, marriage was allowed only through the union of the same race, such as a white male and white female, black male and black female, however, now, it is a battle of allowing the marriage of the same-sex. The fight is not only to help protect rights for same-sex couples, but, also, to interracial couples, who have been experiencing racism and discriminationRead MoreLegalization Of Same Sex Marriage1256 Words   |  6 Pagessupreme court ruled in favor to legalize same-sex marriage in all the fifty states .This was a huge change in the world and this difference was made because of popular case which is called the Obergefell v. Hodges (2015). This very important case involved â€Å"14 same-sex couples and two men whose same-sex partners are deceased† in this case the couples argued that the â€Å"state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another stateRead MoreShould Gay Marriage Be Recognized?1692 Words   |  7 PagesKrisha McCoy Final Paper August 25, 2014 SHOULD GAY MARRIAGES BE RECOGNIZED ACROSS STATES There are many debates going on about whether gay-marriage should be recognized by all United States. Why is it that some states ban gay-marriage but others allow it? Why is it that some states declare that a ban on gay-marriage is unconstitutional yet others say it is not? Why is it that some states recognize gay-marriages from other states but others do not? These are some questions thatRead MoreChanges Law Of Same Sex Marriage1624 Words   |  7 PagesChanges Law of Same Sex â€Æ' The issue of gay marriage has been with a great deal of civil argument. Many people have taken stands that favour their position on the issue of same sex marriage. The reasons given against same sex marriage are that they are not according to the social norms and practices. They also state that they are not likely to hold. The position held by others that same sex marriage should be allowed states that those who want to practice should not be interfered with. Too manyRead MoreGay And Same Sex Marriage963 Words   |  4 PagesThe topic of gay (or same-sex) marriage has been a controversial topic throughout the nation for many years. Like most issues, different people have opposite views on the idea of the subject. Some states governments support the idea while others are totally against it. Also, within each individual state there are people that have their own opinion of the issue. Both supporters and opponents within the states have tried to pass different amendments to establishe d laws, in which reflect their viewsRead MoreEssay on Same-Sex Marriage Should Be Legalized1238 Words   |  5 PagesAccording to the Human Rights Campaign, the 2000 Census reported 3.1 million people in the United States of America were living in same sex relationships. These citizens reside in 99.3 percent of the counties across the nation and it is estimated that between 1 and 9 million children are being raised by gay, bisexual or lesbian parents (Human Rights Campaign). These individuals are American citizens protected by the United States Constitution. Article 14.1 of the United States Constitution entitles