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Equal Protection Clausee Pros And Cons

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The fight for equality of American citizens has been a long time running. As of recent, the fight for Gay rights has become a hot topic and a long fight. By the year of 2004, most states had made it illegal for any citizen to marry another citizen of the same sex. Any and all that have ever studied the fourteenth amendment to the Constitution would know that the Equal Protection Clause implements the idea that no state is permitted to deny any person within its jurisdiction “the equal protection of the laws” (LII 1992). Though this particular clause was created to ensure equal opportunities for all people, it does not provide equal outcomes.
The Equal Protection Clause (1968) is a part of the 14th amendment to the Constitution, and does not pertain to the federal government. The law suit of Loving v. Virginia of …show more content…

Evans and Jamie Washington, “Some of the powers and privileges heterosexuals general have that gay and lesbian, and in some cases bisexual and transgender, persons do not have include: The right to legalized marriage; The ability to purchase property as a couple; The option to file joint tax returns; The ability to adopt children as a couple; Health insurance for one’s life partner; The right to make health-related decisions on health-related issues as they relate to one’s life partner; The assumption that one is psychologically healthy” (Evans and Washington 1991).
How is it that Americans, citizens believed to have equal protection of rights, are subject to discrimination from their government, work place and society? Government and politics will always be a controversial subject, but under the Equal Protection Clause, everyone should have the same rights and options as their neighbor. Even that the allowance of homosexual marriage is being put to vote, goes against the Equal Protection Clause. No one should be given the option to vote on whether or not their neighbor is permitted to live as freely as

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The Equal Rights Amendment (ERA), once known as the Lucretia Mott Amendment, was supposed to guarantee equal rights between men and women (The Learning Network). The ERA covered many issues that women faced during its time. Abortion rights were included so that women could choose whether or not they would have a child. The ERA included women in the military drafts as one of their topics to make sure that men and women both had the same obligations. When the Constitution was first being formed, it was stated that “All men are created equal”, but they forgot one vital piece of America —women (“Equal Rights Amendment”).

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An important and impactful U.S. document, known as the Declaration of Independence states “ …that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Lesbian, gay, bisexual, and transgender (LGBT) people are like ordinary U.S. citizens and deserve the same freedoms. As of now, discrimination of a certain race being higher than another, is not the only problem. LGBT people around the U.S. are being harassed, discriminated, and freedoms and rights are being taken away. A person’s sexual orientation can force them to not eat at a particular restaurant, adopt a child, or even buy a simple wedding cake.

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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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The U.S Supreme Court ruled a case in 1974 called the Cleveland Board of Education, which was, “Freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.” Judge Vaughn Walker wrote in California banning Gay marriage was, “Unconstitutional under both the Due Process and the Equal Protection Clauses” (Vaughn Walker). The Due Process Clause in both the 15th and 14th Amendments of the U.S constitution states that no person shall be, “deprived of life, liberty, or property, without due process of the law.” The Equal Protection Clause in the 14th Amendment states that no state shall “Deny to any person within its jurisdiction the equal protection of the laws. Marriage is an internationally recognized human right for all people.

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The petitioners in the Obergefell v. Hodges case took a stand against what they believed was discriminatory against them, and although it took a great amount of time, money, and patience, they ultimately won the victory. Of course there are those that would disagree, Rowan County Clerk as an example. Although the rights and liberties of same-sex couples has been justified, her morals and values are now being objected to. It brings to light the question, if the civil liberties for same-sex couples is justified, are those who oppose it now suffering a violation of their civil liberties under the first Amendment; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

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