The Amendment Of Same Sex Essay - 941 Words

I join the opinion of the court in favor of 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 rational basis. There is a significant difference between the two approaches with ‘rational basis’ only requiring that the law be related to a government interest. â€Å"Rational basis† review is generally used in cases where fundamental rights are of issue and is thus fitting for this case under these assumptions.† The constitution does not specifically list marriage as a fundamental right in the Bill of Rights or any of its additional amendments and thus leaves ample room for interpretation of is significance. The defense attempts to use the Fourteenth amendment in their defense as it asserts, â€Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property,Show MoreRelatedThe Amendment Of Same Sex Marriage1441 Words   |  6 Pagesallow 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 sexRead 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 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 it 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 MoreWhy Did The 14th Amendment Guarantees Equal Protection Under The Law?1092 Words   |  5 Pages: In the 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 recognitionRead MorePersuasive Essay On Same Sex Marriage1368 Words   |  6 Pagesseveral 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 discrimination. This battle for marria ge equality for same-sex couples started in the late 90s, yet it is still currently a problem. AlthoughRead MoreLegalization Of Same Sex Marriage1256 Words   |  6 Pagessummer of 2015 the U.S supreme 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 lawfullyRead MoreShould Gay Marriage Be Recognized?1692 Words   |  7 Pagesabout gay-marriage. The definition of marriage in today’s society is often debated. Some people believe marriage consists of only a man and a woman and believe that gay-marriage is against the Bible. Some people believe that marriage can include same-sex couples too. The idea or view that marriage means only one man and one woman is outdated. Also in the past this idea has been swayed by religious beliefs. If we were to base all of our laws on the bible there would be a tremendous amount of peopleRead MoreThe Equal Right Amendments Of The Equal Rights Amendment727 Words   |  3 PagesThe Equal Right Amendment The Equal rights Amendment was proposed to set equality for every citizen no matter the sex. The amendment has three sections. The first one states â€Å"equality of rights under the law should not be denied by the U.S on the account of ones sex.† Section two says that â€Å"congress has the power to enforce this law.† Last but not least, section three says the amendment will take effect two years after ratification. The ERA is a proposed amendment made to guarantee equal rightsRead 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 established laws, in which reflect their viewsRead MoreThe Controversial Issue Of Homosexuality992 Words   |  4 Pagesand society will view and treat homosexuals. Especially considering gay marriage, whether individuals will support or oppose same sex marriage. However, before same-sex marriage was recognized and states legalized it all across the country. Initially the issue of homosexuality gradually escalated, causing states to reconsider and derailed from the fourteenth amendment, which acknowledges equal protection and due process to the laws under the constitution. Some states decided to take action into