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Brief Summary Of Article By Jack Pitney

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Summary of Articles: Article 1: The author, Jack Pitney, asserts that Same-Sex Marriage is a topic disagreed upon by Americans: whether it is an issue of legality in the Constitution, and whether it should be up to states or the federal government to make a decision. Pitney finds that the minority party in Congress has often sought to oppose legislation by the majority party citing that it should be a states’ rights issue. Yet, when there is a change in the majority, the once-minority party hypocritically defends the issue as being up to the national government. Most politicians prior to 2012 agreed that the issue of Same-Sex marriage was answered by DOMA (1996), and that a piece of legislation by the Federal Government would violate the powers defined in the Constitution. Article 2: Pew Research Center finds that opposition to homosexual marriage hit a high after Bill Clinton signed the DOMA (1996) and continued to remain high until 2007. In 2008, President Barack Obama became the first president to openly support same-sex marriage which led the nation into a frenzy. By 2015, all states were federally required to permit same-sex marriages. Article 3: Opposition to Same-Sex marriage has drastically reduced after the Supreme Court decision. However, small pockets of resistance remain all …show more content…

Hodges (2015): In Obergefell v. Hodges, the Supreme Court was asked to rule on whether the Fourteenth Amendment requires states and their departments to recognize Same-Sex marriage. In a 5-4 ruling, the court found that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry since it is one of the protected fundamental liberties. Additionally, the Equal Protection Clause of the Fourteenth Amendment guarantees the right of same-sex couples to marry. The Court also held that the First Amendment protects the rights of religious organizations to adhere to their principles, but it does not allow states to deny same-sex couples the right to

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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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In the majority opinion written on the Obergefell et al. v. Hodges Supreme Court case on June 26, 2015, the court decided that states were required to issue marriage licenses to same-sex couples as well as recognize such licenses from other states on the basis of the Fourteenth Amendment. This decision held wide ramifications for policy implementation throughout the nation, especially in those states that had not already legalized same-sex marriage. This unilateral action by the federal government created a complicated responsibility for state and local governments to integrate the broad new legal proceedings effectively. The problems that arise in the local governments following such federal decisions challenge the nation’s federalist system,

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Obergefell v Hodges first originated when same-sex couples sued the state governments of Ohio, Michigan, Kentucky, and Tennessee in disagreement to the constitutionality of those states ' bans on same-sex marriage and refusal to recognize any legal marriages that took place outside the jurisdiction of the state. The couples argued the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment was violated by the state 's’ exclusion of same-sex marriages. In the trial courts of the fourth, seventh, ninth, and tenth districts, state level bans on same-sex marriage were declared

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President Bill Clinton signed a federal DOMA in the following year, which permitted states the right to ban same sex marriage and also prohibited the federal government from officially recognizing any same sex marriage. Although both of these signings prohibited gay marriage, they were actually counterproductive, because they made the issue more public, making them major steps in achieving marriage equality. As of 1995, thirteen states had official statutory bans on any homosexual marriage. That is a small number compared to the thirty seven that were indifferent to the topic at that time. According to the Pew Research Center, Massachusetts become the first state to legalize marriage in 2003.

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Any court ruling given in North Carolina must be recognized in other states. This is an example of the use of the Full Faith and Credit Clause. It helps to organize states into one union under a federal government. An issue that dealt with the Full Faith and Credit Clause before was civil unions or same- sex marriages, before the Supreme Court ruling in Obergefell v. Hodges in the summer of 2015 some civil unions between same- sex couples were not recognized in other states. The DOMA or the Defense of Marriage Act, legally recognized marriage as between a man and a women and allowed states to deny recognition of same sex unions that were provided in another state.

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To elaborate, on June 26, 2015, the US supreme court made gay marriage legal in all 50 states. As a state that is strongly fixed on both individualistic and more specifically, traditionalistic values, the platform of these political cultures in Texas were challenged through means of media. A culture that is based on traditional values strives away from changes and is resistant to accepting new laws, such as the legalization of same sex marriage. However, pop culture and widespread media shared amongst the citizens of the state of Texas, opened and shaped the debate over this issue. In fact, “scholars agree that the news media have become more attentive to and supportive of lesbian and gay rights over time.”

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When the court examined America’s history, they concluded that American antisodomy laws have not been enforced and did not single out homosexual couples until the 20th century. The court

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Obergefell v. Hodges was a landmark Supreme Court case that took place in 2015. This case legalized same sex marriage across the United States. It is a significant moment for the LGBTQIA+ rights as well as equality movement. The case has challenged state bans on same-sex marriage, where they have argued that they violated the Fourteenth Amendment which grants citizenship and equal civil and legal rights. Before the case took place “over 70% of states and the District of Columbia already recognized same-sex marriage, and only 13 states had bans” (HUSL Library: A Brief History of Civil Rights in the United States: Obergefell V. Hodges).

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Within the state of California, the judicial branch was inconsistent in their decisions when regarding same-sex marriage. While the California Supreme Court democratically upheld the decision of the people, it directly went against the federal constitution in the eyes of the majority of the United States Supreme Court justices. The short timespan within the state court’s two rulings confirms the inconsistent nature of the California government. Constitutional amendments such as Proposition 8, add to the long list of amendments that are forced to be corrected in the state’s

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But, as with its Commerce Clause jurisprudence, the Court’s expansive rights jurisprudence may not be taken for granted. Consider the 2015 Obergefell v. Hodges case, which legalized same-sex marriage in all states. That decision, undeniably, was an audacious assertion of power by the Supreme Court, one that brought the guillotine down on states’ internal deliberations as to the merits of same-sex marriage. I thus cannot deny that this decision counts in favor of the view that the Court holds a bias toward centralization, but there is another side to this coin, namely, the four impassioned dissenting opinions delivered by the Court. The principal dissent among these decried the Court for “invalidat[ing] the marriage laws of more than half the States” without their assent.

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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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In 1996, President Bill Clinton signed the DOMA (defense of marriage act), which defines marriage as a legal union between a woman and a man. Netherlands was the first country to legalize same-sex marriage on April 1, 2001. Soon enough, Massachusetts was the first US state to legalize homosexual marriage in 2008. Now in 2015, 35 states have legalized it while 15 states remain to keep same-sex marriage

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Liberals support same-sex marriage and argue that love is grounds enough for marriage, regardless of sexual orientation. Conservatives are usually opposed and often cite religious viewpoints and concerns about the reading of children as the main reasons for their opposition. In the 1970s the court case Baker v. Nelson occurred. It was a case in which the Minnesota Supreme Court ruled that a state law limiting marriage to persons of the opposite sex did not violate the U.S. Constitution. On June 26, 2015 the United States Supreme Court legalized same-sex marriage in all 50 states.

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Matthew Feeler Political Science 101 M/W Byron 11/17/16 Midterm: Question 1 The 14th Amendment was created after the civil war in 1868 and the underlying premise of the amendment gives equal protection and rights to slaves. This main idea was obviously the cause of the civil war and gaining freedom from slaves. Although, another part of the Amendment was what is known as the “due process” in which citizens are granted rights to life, liberty, and property. A huge topic of controversy for years has been the idea of same-sex couples being able to marry, and recently in 2015 the supreme court ruled that same sex marriage is legal which to some was very surprising, although some believe that with the 14th amendment, this is a right that should

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In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.

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