An analysis of the constitutionality of same sex marriage in the united states of america

Legislatures and Courts History The public national discussion around same-sex marriage first began in when the Hawaii Supreme Court ruled that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a "compelling reason" for such discrimination.

An analysis of the constitutionality of same sex marriage in the united states of america

Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.

See United States v. Argued April 28, —Decided June 26, [ 1 ] Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one woman.

The petitioners, 14 same-sex couples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performed in another State given full recognition.

The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

To the respondents, it would demean a timeless institution if marriage were extended to same-sex couples. Changes, such as the decline of arranged marriages and the abandonment of the law of coverture, have worked deep transformations in the structure of marriage, affecting aspects of marriage once viewed as essential.

These new insights have strengthened, not weakened, the institution. Changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations.

An analysis of the constitutionality of same sex marriage in the united states of america

Well into the 20th century, many States condemned same-sex intimacy as immoral, and homosexuality was treated as an illness.

Later in the century, cultural and political developments allowed same-sex couples to lead more open and public lives. Extensive public and private dialogue followed, along with shifts in public attitudes.

Questions about the legal treatment of gays and lesbians soon reached the courts, where they could be discussed in the formal discourse of the law. Inthis Court overruled its decision in Bowers v. Inthe federal Defense of Marriage Act was also struck down.

Numerous same-sex marriage cases reaching the federal courts and state supreme courts have added to the dialogue. Courts must exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect.

Gay Rights and the Constitution

History and tradition guide and discipline the inquiry but do not set its outer boundaries. Applying these tenets, the Court has long held the right to marry is protected by the Constitution. For example, Loving v. To be sure, these cases presumed a relationship involving opposite-sex partners, as did Baker v.

But other, more instructive precedents have expressed broader principles. In assessing whether the force and rationale of its cases apply to same-sex couples, the Court must respect the basic reasons why the right to marry has been long protected. This analysis compels the conclusion that same-sex couples may exercise the right to marry.

This abiding connection between marriage and liberty is why Loving invalidated interracial marriage bans under the Due Process Clause.

Decisions about marriage are among the most intimate that an individual can make. See Lawrence, supra, at This is true for all persons, whatever their sexual orientation.

The intimate association protected by this right was central to Griswold v. Connecticut, which held the Constitution protects the right of married couples to use contraception, U.

Same-sex couples have the same right as opposite-sex couples to enjoy intimate association, a right extending beyond mere freedom from laws making same-sex intimacy a criminal offense. A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education.

Society of Sisters, U. Without the recognition, stability, and predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser.

They also suffer the significant material costs of being raised by unmarried parents, relegated to a more difficult and uncertain family life.Nearly 20 years ago, the Hawaii Supreme Court ruled that denying marriage licenses to same-sex couples was sex discrimination that, under the Hawaii Constitution, was subject to strict scrutiny.

Jun 27,  · WASHINGTON — In a long-sought victory for the gay rights movement, the Supreme Court ruled by a 5-to-4 vote on Friday that the Constitution guarantees a right to same-sex marriage.

Hodges, on the legality of same-sex marriage in the United States, is as breathtaking as it is legalistic. Sep 13,  · The tax data shows same-sex married couples clustering along the coasts, and in urban pockets across the United States.

These are regions that also tend to have higher wages. Same-sex marriage laws differ from state to state. Read about the history of same-sex marriage and which states currently allow it. The Great Republic: Presidents and States of the United States of America, and Comments on American History.

Taking everything together then, I declare that our city is the School [or "Education.

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