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14th Amendment Pros And Cons

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The most recent change broadening civil liberties came through a June 2016 U. S. Supreme Court decision in Obergefell et al. v. Hodges, Director, Ohio Department of Health, Et Al. which affirms the equal opportunity to marry for members of the LGBT community. What is your opinion of this decision? What is your opinion of the backlash/pushback from some state government officials, individuals, and businesses in the private sector? How is this decision similar to the civil rights decisions of the 1950's and 1960's, or is it entirely different

As we know it federal laws are superior to state laws due to the supremacy clause in article VI, section 2 in the constitution. This means that the due process clause of the fourteenth amendment is …show more content…

The community is still in somewhat of a state of shock and resistance. They see gay couples as abnormal, instead of as a human being that lives differently than them. The community believes that their religious freedom is being stressed or threatened by gay couples, mainly because the judeo christian sacred bond of marriage between a man and a woman. Government officials, especially those that are tied to popular elections such as the House or Senate will most likely voice an opinion based off their voter base. If their voter base is heavily conservative christians they will most likely oppose this decision for personal ideology and having re election on their mind. As far as the private sector goes, I find it hard to give a clear answer. For example, the several court cases regarding wedding cakes and gay couples, is it the right of a business owner to refuse service to a gay couple because it will go against their religious beliefs, or is it unconstitutional for businesses to discriminate against someone for their sexual preference? What takes priority, religious freedom or equal treatment to

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Pros And Cons Of The 14th Amendment

576 Words | 3 Pages

The 14th Amendment passed by Congress and the amendment that we created in class show similar and different sections and information. The 14th amendment passed by Congress and our class express pros and cons that affect the United States heavily. The class amendment has a chance of being ratified if some articles/sections are changed. The South would be deeply affected if the amendment was to be passed. Clearly the 14th amendment passed by Congress and by the class would affect the South deeply and heavily.

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Summary: Obergefell V. Hodges

646 Words | 3 Pages

Obergefell v. Hodges is one of the most important Supreme Court rulings to date. This case, by a 5-4 decision, legalized same-sex marriage and established that the 14th amendment, by both the Due Process Clause and Equal Protections Clause, guarantees this right. The Supreme Court for a long time exercised judicial modesty in terms of cases involving same sex marriage by allowing the decisions to be made by the states. However, with some states recognizing same-sex marriages and others not, things began to get complicated when couples would move to other states and not get the same benefits as married couples and other similar situations that caused issues. However, when the Supreme Court took this case and ruled that same-sex marriage was legal in all 50 states, it was a prime example of the court using judicial activism.

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14th Amendment Pros And Cons

444 Words | 2 Pages

When the new constitution was put into effect in 1789, the federal government was actually given power and had more of a say in society. The constitution gave the federal government powers, and limited that states’ powers. There are two amendments in the constitution that explains what the federal and state governments have the right to do. The tenth and the fourteenth amendment lay down the line for what the states can do and not do. Even though the federal government tells them what to do through the constitution, they give them rights as well.

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Summary Of The Lawrence V. Texas Supreme Court Case Of 2003

676 Words | 3 Pages

1. The Lawrence v. Texas Supreme court case of 2003 was a landmark event for the LGBT community and gave them their constitutional right to pursue same gender consensual sexual activity without the fear of state intrusion. Before the decision of the court, sodomy laws were applicable in Texas which criminalized sexual activities between people of same gender. With the passing of this judgment, there was renewed vigour of exuberance among the lgbt community and for a very good reason. The case was brought to the notice of the police who raided a residence on gun related charges and found two males engaged in consensual sex.

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14th Amendment Pros And Cons

914 Words | 4 Pages

Selective incorporation is a doctrine located in the constitution that protects its citizens from the states passing laws that could disregard their rights. Selective incorporation allows the federal government to place limitations on the legislative powers of the state. When the Bill of Rights were initially written, they only applied to the federal government, not the states. This was a concern for all for there was a possibility of the central government gaining too much power. It wasn’t until around 1833 that the supreme court even considered whether or not the Bill of Rights extended limitations to both the federal and state governments (Hudson Jr., 2017).

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14th Amendment Pros And Cons

996 Words | 4 Pages

The Bill of Rights was introduced into America's system of government along with the Constitution in order to appease Anti-Federalists that wanted to ensure the protection of their rights. The 14th Amendment was later added to guarantee due process and equal protection rights. The Bill of Rights and 14th Amendment are extremely effective in protecting the rights of all citizens and are most clearly shown in the 1st, 5th, and 6th Amendments. The full expanse of the 1st Amendment and the freedoms it provides have been debated since its implementation, but its involvement in Texas v. Johnson was a key step in setting the proper precedent for its use.

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Pros And Cons Of The 14th Amendment

440 Words | 2 Pages

The 14th Amendment is the right for those born on American soil to automatically become a citizen. Although there are some who wish to see a revision to the 14th Amendment, citizenship should continue to be based on birth as Chaves states in “The Case for Birthright Citizenship”. The 14th Amendment is seen as outdated by some Americans. The 14th Amendment was created for free slaves.

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14th Amendment Pros And Cons

1336 Words | 6 Pages

With twenty-seven amendments in existence, each broadens protections that were not previously covered. Within these twenty-seven are several major ones that strongly influence the dynamic in which Americans vote. The fourteenth and nineteenth coexist in a manner that allows them both to strongly control who votes, and how. Ratified on July 9, 1868, the fourteenth amendment expanded citizenship to all born on U.S. soil and sought to expand national rights to all, regardless of race (Fourteenth). This amendment included the expansion of citizenship to anyone truly born in the U.S., regardless of who their ancestors were-granting citizenship to former slaves.

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14th Amendment States Pros And Cons

521 Words | 3 Pages

The 14th amendment states “. . .No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…” This means that everyone will have access to equal opportunities, and no state can take that right away. The United states has begun make progress in fulfilling the rights guaranteed by the 14th amendment by acknowledged that there is a problem, but they have not come very far in giving everyone equal rights and equal opportunities.

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Supreme Court Cases: Obergefell Vs. Hodges

1241 Words | 5 Pages

Amanda Stevenson Dr. Woodiwiss PO 101 30 November 2015 _______________________________ On June 26, 2015, the United States Supreme Court ruled any state ban against gay marriage unconstitutional with the case of Obergefell v. Hodges. Ruling in favor of Obergefell, the court’s decision shook what was thought to be the “stable ground” of the United States. Stemming from similar cases presented in Ohio, Michigan, Kentucky, and Tennessee, Obergefell v. Hodges illuminated two objective questions: “Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?” and “Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed

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Cake Shop V. Colorado Legal Case: Case Study

846 Words | 4 Pages

Barack Obama once stated, “When all Americans are treated as equal, no matter who they are or whom they love, we are all more free.” This statement is still controversial even in 2018. Many people still don’t support gays and what they stand for and others simply do. People are entitled to their own opinion, however to a certain extent. In the case, Cake Shop v. Colorado Civil Rights Commission, the Cake Shop is in the wrong and is violating the 14th Amendment.

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14th Amendment Pros And Cons

472 Words | 2 Pages

There are always certain issues they may arise when going over the Constitution of the United States, we can find matters that can be outdated, or times have changed a bit as years go by. The 14th Amendment was not initially about education but it did have quite an impact when the Supreme Court addressed the “Brown v. Board of Education” (1954) case declaring school segregation is illegal. The 14th Amendment makes it clear it prevents,” any persons within its jurisdiction of the equal protection of the laws.” That all American citizen must be treated equally by law which we had become aware of but with Plyer v. Doe, 457 U.S. 202 (1982)

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14th Amendment Pros And Cons

1998 Words | 8 Pages

The Fourteenth Amendment of the United States Constitution which states that 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. This constitutional amendment provides to all eligible person to become an American regarding their race, religion or social class, but the person must be born or naturalized. All children, of foreign person, born in America is enough reason to be a citizen of the United Stated, because it is the right this country give them. All foreign people have this privilege when they come to American the legal way. The Fourteenth amendment is a right that a foreigner has gain because he or she has done everything

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14th Amendment Pros And Cons

593 Words | 3 Pages

Looking back on American History America as a whole has come a long way from the wealthy white dominate patriarchy society it once was. In today's society everyone has a set of civil liberties that protect their rights as an American citizen, but this is not always true when it comes to voting. According to the fourteenth amendment " The states [have] the authority to deny voting rights to anyone that has a criminal conviction" (Pilipinas School Net 2016). Texas just happens to be one of those states that implements that fourteenth amendment towards convicted felons.

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Texas: Marriage Equality In The United States

911 Words | 4 Pages

The federal judge in San Antonio, Texas, “ruled that Texas ' ban on same-sex marriage violates the U.S. Constitution and demeans the dignity of gay couples "for no legitimate reason." Judge Orlando Garcia then granted two plaintiff couples ' request for an injunction barring the state from enforcing the ban.” (Keen 1) One of the couples sought to be married in Texas while the other couple had already been married in Massachusetts, but desired to be recognized by the state of Texas. In Garcia’s ruling, he states that, “the Texas bans violate the guarantees of due process and equal protection of the U.S. Constitution.”

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