Essay about Two Suits, Two Dresses, or One of Each

The advancement of the Fourteenth Amendment, as indicated by Eric Foner in “Our Living Constitution”, speaks on how to concede a protected right to security and to keep the administration from forcing on that privilege is the foundation to this decision. Granting without acknowledging that society has considered same sex relations as immoral it does not follow that this is a sufficient

Hodges, the Supreme Court adjudges the banning of same-sex marriage as violation of the Fourteenth Amendment. The Court clearly establishes that marriage is a fundamental right because marriage is “decisions among the most intimate that an individual can make” (Obergefell v. Hodges, 12) and that individual autonomy should be protected under liberty. The Court also reasons that same-sex couples have the rights to enjoy intimate association that come with marriage. Because the Due Process Clause protects liberty of the citizens and rights to marriage is one of the fundamental liberties, prohibition of same-sex marriage violates the Due Process Clause. For Equal Protection Clause, the Court states that “same-sex couples are denied all the benefits afforded to opposite-sex couples and are barred from exercising a fundamental right” (Obergefell v. Hodges, 17). Because it is solely the sexual preference of the same-sex couples that deprives them of these benefits, the Court argues that the prohibition of same-sex marriage is unconstitutional under the Equal Protection

The judges based their decision on the principle of equality of all before the law. The 14th Amendment requires a state to celebrate a marriage between two persons of the same sex. According to US constitutional law, each US state has its own Constitution, but it is above all the US Federal Constitution. To date 37 of the 50 American states, as well as the District of Columbia, recognized gay marriage. Now, the 14 American states that still refuse to unite two persons of the same sex will not only have to marry

The Supreme Court’s decision finalized the questions of whether states have the right to pass laws treating marriages differently based upon sex, and if states have to acknowledge the marriage of same-sex couples who were married in another state. On a 5-4 decision, the Court determined that the Fourteenth Amendment requires states to issue marriage licenses to same-sex couples because they cannot be treated differently than opposite sex couples. The court also determined that states have to recognize same-sex marriages the same way they do with opposite-sex. However, the Supreme Court did not create a law about same sex marriage, it just stated that

Hodges concluded that the right to marry is a fundamental right inherent in the liberty of a person protected by the Constitution. The Court has long afforded the right to marry constitutional protection. But the standard test for identifying a fundamental right under the Due Process Clause is that the right must be “deeply rooted in this Nation’s history and tradition (Washington Post)”. However, the majority opinion went further to find that “the liberties implied within the Fourteenth Amendment Due Process Clause have stretched to certain personal choices central to a person’s dignity and autonomy, including their intimate choices that define personal identity and beliefs (Washington Post)”. Using this idea, the majority opinion concluded that the liberty interest to marry extends to same-sex couples. The ruling has helped gay rights advocates fight more than a hundred and fifteen pieces of legislation that were introduced in state legislatures that were targeting gay people. The majority opinion agreed that the Constitution contemplates that democracy is the appropriate process for change. “In addition to clearing the way for same-sex marriage nationwide, Friday’s decision may help end discrimination against gays and lesbians in other matters, such as adoption and custody rights, legal experts say (LATimes)”. Gay couples can now have no problem matters when wanting to start a family because of the great decision made by the Supreme Court. Justice Kennedy’s majority opinion in the United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly twelve years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.“In all his decisions Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes (NYTimes)”. Kennedy makes a great point that the generations before wrote and ratified the Bill

The Constitution of the United States does not define what marriage is, thus supporters of this act believe that each state should have the choice whether to recognize marriage between same-sex couples. Furthermore, in the tenth amendment it states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved

Civil Rights Act guarantees every citizen equality. Marriage equality falls under that part of the constitution that says that grants every U.S. citizen equal protection of the laws. With same-sex marriage being legalized, the protection of the first amendment is said to be in jeopardy by some American citizens. The first amendment states “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”. The first amendment grants any religious groups to freely exercise their right to oppose same-sex marriage.

Supreme Court case Obergefell v. Hodges addressed same-sex marriage. The court ruled 5-4 that marriage is a fundamental right guaranteed to same-sex couples by the equal protection clause and the due process clause in the Fourteenth Amendment of the Constitution. Proposition 2 is a violation of the equal protection clause and denies the liberty of same-sex couples the right to marry and it should be deleted from the Texas Constitution for that reason. Texas recognizes marriage licenses from other states for heterosexual couples and ought to for same-sex marriage licenses since the U.S. Constitution has ruled them to be constitutional. Churches and private organizations have the right to their religious beliefs. Government institutions must follow the law and should not deny a person their fundamental right of

According to DOMA, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife” (sec 3). Until recently 2013, the US Supreme Court finally delivered the verdict that declared section 3 of the DOMA, which is the rejection of right to gay marriage is unconstitutional (Shapiro 208). In “Gay Marriage Is A Fundamental Right” by Nathan Goetting, “The right to many, and to marry the person of one's choice, is a fundamental right and a necessary aspect of human happiness. This has been an explicitly stated abiding principle since the Court used its power of judicial review to strike down as unconstitutional a legislature's definition of marriage in 1967.” Currently, 17 states in the United States have legalized the right to same sex marriage. The realization of DOMA is unconstitutional has further evidenced that gay marriage is one of the civil right that should not be taken away by the government, and it is an inevitable changes that open doors for equality and equity.

The government wants to pass an amendment to the Constitution that would rule gay marriage unconstitutional and therefore illegal. However, is it not true that there is a separation between church and state? How is it that the government can tell the churches, "Look we don't like gay marriage so you can't wed these two."? Is it not up to the church and the ministers to decide this for themselves? Does the government feel that the gays are now the biggest threat to American society? Is that what they have to protect us from? When it comes to protesting the government is even more protective. During the 2005 Presidential Inauguration you had to reserve a spot to protest, and there were many things that were not allowed down the parade route (such as picket signs). Yet isn't it in the US Constitution that it is legal to protest and gather in public. Susan Goering, Executive Director of the American Civil Liberties Union of Maryland put it best: "Public expression of sincere and deeply felt disagreement with government policies is one of the highest forms of patriotism and the lifeblood of a democracy."

DOMA basically says the United Stated will not support a homosexual union, but each states’ government can decide for themselves, their stand on marriage (Defense of Marriage Act.). DOMA does two things, one is it defines marriage in federal law and two it enables states to decline to recognize same-sex marriages from other states (Gacek). Sadly, the U.S Supreme Court and the Obama Administration ruled it unconstitutional. However, DOMA is still law due to the unsuccessful attempts to appeal it. This world is not fair and there will be discrimination no matter the outcome.

Sir Thomas More was born in London, England in February 7, 1477. He was the only son of John Moore, a successful lawyer who eventually became a judge of the King’s Bench, and Agnes Graunger. During his youth he attended St. Anthony’s School, which was London’s best school, and was a page for Archbishop John Morton. Eventually, Thomas More attended Oxford University and studied under humanist scholars, Thomas Linacre and William Grocyn. While at Oxford, he wrote comedies, and learned Greek and Latin, the latter of which is the language in which he wrote his most widely known piece, Utopia. In 1494, More returned to London to study Law and in 1496, he was admitted into Lincoln’s Inn. During this time, he also moved into a Carthusian monastery

In the case of Barron v. Baltimore in 1833, the Supreme Court ruled that the Bill of Rights are just restrictions on the federal government alone. To prevent the states from limiting rights granted to the citizens in the Constitution, the 14th Amendment was passed. The 14th Amendment was adopted on July 9, 1868 as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves after the American Civil War. It was severely contested, especially by the states of the Confederacy that were defeated and were forced to ratify it in order to regain representation in Congress. The amendment’s first section includes many clauses, but one important one is the Equal Protection Clause. This clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction. The clause has also been the basis for many decisions rejecting irrational or unnecessary discrimination against people belonging to various groups. Eventually, selective incorporation occurred in which the civil liberties granted in the Bill of Rights were applied to the states on a case-by-case basis through the 14th Amendment. Now, the same liberties that were granted to the federal government, were now enacted with the state governments. Same-sex marriage is one of these fundamental rights, rights that require a high degree of protection from government

One of the biggest controversial worldwide issue is gay marriage. The definition of marriage according to the Merriam-Webster Dictionary is 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. Being able to stand firm to my viewpoint in this generation is very hard and totally biased against same sex marriage or just simply homosexual relationships in general because everyone wants to accept everything that gives one satisfying pleasure. As a christian, to me same sex marriage is wrong. In my opinion, marriage is a holy and sacred matrimony created by God, joining a male and female in the eyes of God to make a commitment . Another purpose of marriage, is to create a family in the traditional way which includes reproducing. Many argue that same sex marriage is a right, but they

First, it can clearly be seen that same-sex marriage is primarily about equality. Everyone has equal rights and liberties to chase happiness, as long as it does not cause harm to the society, so why should their freedoms be limits? Why can’t someone be able to marry a person they truly love? Discrimination and banning homosexual couples to get married violates human rights and freedoms. Laws which against gay marriage deny the First Amendment which states that everyone has freedom of speech, expression and religion. Sexual determination is an option, so it is how some people can express themselves.