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Compare And Contrast Roe Vs Wade

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Monroe Goade Mr. Cox UVU-POLS1100 CE 6 March 2023 Obergefell v. Hodges Compared to Roe v. Wade The Supreme Court Cases Obergefell v. Hodges and Roe v. Wade are two cases that have significantly impacted our country. Obergefell v. Hodges legalized same-sex marriage, where as Roe v. Wade legalized abortions. Both cases dealt with Civil Rights rather than Civil Liberties and were widely condemned by various groups due to personal beliefs. Each case illustrated The Supreme Court standing up for protected classes and honoring the American ideals of freedom and diversity. This essay compares and analyzes Obergefell v. Hodges and Roe v. Wade cases in terms of the 14th Amendment/Equal Protection Clause and the extension or limitation of civil rights. …show more content…

The Obergefell v. Hodges case extended the right to marry to same-sex couples, while the Roe v. Wade case extended the right to have an abortion if you so desire. Both of these cases recognized the rights of protected classes. Due to the extension of these rights same-sex couples were able to marry and women were given the right to choose whether or not to have an abortion. Both cases also explore the limitations of civil rights. Each case required the Supreme court to interpret the constitution in order to protect rights that aren’t explicitly stated. However, even though the court made a ruling, not all people agree with their decision. In regards to both cases, there are still many people that openly oppose their decision. There is continued discrimination against same sex couples and women who chose to have abortions. Despite the legalization of gay marriage and abortions, states still pass law that make in incredibly difficult to do either of those things. Both cases also illustrate the ongoing fight for civil rights in america. To quote “The Other America,” by Dr. Martin Luther King Jr. “We must see that the struggle today is much more difficult. It's more difficult today because we are struggling now for genuine equality.” While it is a different fight, it is the same story. While women have the right to vote, they are still harassed and discriminated against. The rights to their own bodies are still given and taken away by men. Similarly, while people are allowed to be openly gay without being immediately put in jail, they are still bullied and murdered for their sexual identity. Both of these cases illustrate the continued fight for “genuine equality.” In summary, while the cases aim to protect 2 different groups of people, they have similar outcomes and both are a part of ongoing

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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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The Supreme Court granted a certiorari to answer the question if the rulings for other cases against homosexual’s equality had gone against the fourteenth amendment, if Bowers vs Hardwick should be overturned, and if homosexuals should have privacy in their own

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Wade decision. The first one is that Jewish law and Roe v. Wade allows for abortion, but Catholicism does not. Second Roe v. Wade only allows for an abortion during the first trimester past that the state can get involved. However, Jewish law does not have a time limit that restrains a woman from getting an abortion at any point in the pregnancy. Another difference is Roe v. Wade is based off of the right to privacy whereas Jewish law does not consider a fetus a person therefore a woman does not have to assert her right to privacy if she wanted an abortion because Jewish law would not question her.

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The Supreme Court kept referring back to the Loving v. Virginia case because both cases had the same principles which were equality and not having the right to marriage. According to the Supreme Court “These new insights have strengthened, not weakened, the institution of marriage.” Also “Under the Due Process Clause of the Fourteenth Amendment, no State shall deprive any person of life, liberty, or property, without due process of law.” These liberties include certain personal choices which include intimate choices. Marriage is coming together for better or for worse and same sex couples should have the same right as

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Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

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Therefore, the supreme court ruling in 1973 had made an irrational decision during the Roe v. Wade trial. In addition to abortions not being included in the constitution, “the justices wrote because it destroys what other court decisions call “fetal life”’ (McKeown). Now with this convincing the empathetic people about killing unborn children, they were able to move on in their process of abolishing abortion legalization. This caused the fight in overturning Roe v. Wade and had successfully done so on June 24, 2022, in a six to three

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Board of Education, Roe v. Wade, and Obergefell v. Hodges, between possible choices. These cases have helped in reaching the protections supported for one improvement and guaranteeing that all is controlled evenly and reasonably following the society. The 14th Amendment's impact has densely affected one plan of equal care and likeness specifically. For one woman, an individual vote is a law that has existed and settled by cases like Baker v. Carr and Shaw v. Reno. These cases guarantee that states design lawmaking departments that are as equitably occupied as likely.

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Roe v. Wade There is no question that Roe v. Wade has had a profound impact on how American people think of reproductive rights today. For many people, they have never lived through a time without the ruling as precedent until recently. Despite its overturning in 2022, Roe v. Wade remains a cornerstone of women’s health and reproductive rights advocacy. The case began with a woman named “Jane Roe”, who sought to have an abortion but faced legal restrictions in Texas. The state of Texas argued to protect the “life” of an unborn fetus, as they declared it a person under the 14th Amendment (Temme).

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The court case of Roe v. Wade, which established a woman's right to access abortion, has been a highly alienating issue in the United States since its decision in 1973. Supporters argue that access to safe and legal abortion is a fundamental right of women to control and make decisions about their reproductive health. While opposers argue that abortion is morally unethical and that the government should limit or completely ban it. This political disagreement showed itself in the Supreme Court of the United States (SCOTUS) decision, in which the court ruled to overturn Roe v. Wade. Similarly, how the original ruling of Roe v. Wade changed the nation's future during its decision in 1973, the overruling will change the nation's future once again.

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With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.

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The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.

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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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Instead, these justices practiced judicial activism. Whether or not marriage between same-sex couples should be legalized and recognized is a matter falling under the responsibilities of state legislature and their electorates. If marriage were to be defined anywhere in the constitution as a right or liberty of the American people then the Supreme Court’s actions could be justified, but this is not the case. The justices implied marriage as a fundamental liberty and established a law to protect it. When establishing law it is crucial and mandatory that it comes from elected officials that are following the wishes of their electorates.

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Madison, has protected the social and economic rights of minorities more than other previous acts. Judicial review single handedly limited the power of Congress and implemented more protection for American citizens. Since the birth of the nation America has been a constant struggle for basic civil rights. Most recently, the gay civil rights act found a victory in the Supreme Court. Obergefell v. Hodges ruled that same-sex marriage is a fundamental right according to the fourteenth amendment of the constitution.

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Despite all of the advances the gay community made toward getting equal rights, it wasn’t until 2015 that gay marriage was ruled legal by the supreme court in a 5-4 vote. The supreme court ruled that same-sex marriage was completely constitutional and this opened up a whole new opportunity for gay people to get married. But this didn’t just allow them to get married it showed the country that the government will stand behind the rights of gays. A lot of the country was divided on whether they should allow, or respect, gays and their rights. This ruling showed the country's standpoint and brought elation to many.

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