Same-Sex Couples: The Controversy Continues Justice Rudy Badar Ginsburg refers to the Defense of Marriage Act’s views between a heterosexual and homosexual marriages as “There's two kinds of marriage, there’s full marriage and then there’s sort of skim milk marriage,” In a recent study done by Fingerhut, 62% of Americans polled believe that same-sex marriage should be legal. Even though legislation has passed for same-sex marriage, some states fight to repeal it. The stigma of the same-sex marriage is primarily how it goes against certain religious beliefs. The national government needs to resolve more issues that arise with the legalization of same-sex marriage. Even with same-sex marriage, same-sex couples do not have the same rights as their …show more content…
In Loving vs Virginia, the Supreme Court legalized interracial marriages as they found that the 14th Amendment implicitly protected the right of marriage. That court case would open the possibility for the legalization of same-sex marriage. In 1970, gay rights activists started to pursue the legalization of same-sex marriage. Although the movement suffered challenges, there were cases that oversaw same-sex marriage discrimination. Three lawsuits against the state of Hawaii would allow for further investigation into the discrimination. After three years, the judge decided that the couples should receive their marriage certificates regardless of their gender. Eventually, the state of Hawaii would amend its constitution to illegalize same-sex marriage and other states slowly placed laws regarding same-sex marriage (Same-Sex Marriage, …show more content…
For example, a 2010 case involved two courts that declared Section 3 of the Defense of Marriage Act unconstitutional since it violated the equal protection clause of the Fourteenth Amendment. The US House of Representative appealed to the Supreme Court to overturn the courts’ decision, but the Supreme Court agreed with the decision and deemed the Defense of Marriage Act unconstitutional in 2013. After two years, court case Obergefell vs Hodges officially stated that same-sex marriage is protected under the Fourteenth Amendment’s due process and equal protection clauses, so all states and territories must oblige and allow for same-sex marriages (“Same-Sex Marriage,