Same Sex Marriage Is A Fundamental Right - 870 Words

In June 2015, the United States Supreme Court, in a 5-4 decision, held that same-sex marriage is a fundamental right guaranteed by the due process and equal protection clauses of the Fourteenth Amendment to the United States Constitution. In consequence, many new legal implications have arose from this decision. For example, now there’ll be same-sex divorces, same-sex spousal rights for life insurance, wills, and the like. What does this all mean legally for same-sex couples? As time progresses, it will become clearer how exactly these issues will be expanded to same-sex marriages, but now we discuss these issues as they stand today. Divorce Divorce cannot be that different since prior to the Supreme Court’s landmark ruling, many states had already legalized same-sex marriage. In fact, soon after the decision, a same-sex divorce was filed for in New Orleans, Louisiana. Logically, same-sex divorce should not differ for same-sex couples as the divorcing couple must go through the same steps as a heterosexual couple. The hurdle here is that many states that previously did not acknowledge same-sex marriage, must now learn how to marry and divorce same-sex couples. This should not cause much trouble since same-sex marriage is recognized amongst all-states, making it even easier for same-sex couple’s to get divorced. In many states in order to obtain a divorce there are residency requirements, meaning that you must be a resident of that state for a certain time period inShow MoreRelatedThe Fundamental Right to Same-Sex Marriage Essay718 Words   |  3 PagesThe legalization of same-sex marriage has been a controversial issue for years. Arguments have risen between political and religious point of views over the controversial topic. While many believe it is morally and ethically wrong, there are others who believe it is emotionally and socially acceptable. More than half the country legally denies the right to marry between lesbian or gay couples. When denying same-sex couples to marry, the government is degrading the rights of citizens and is encouragingRead MoreSame Sex Marriage Is An Inflammatory Issue In Today’S Political1577 Words   |  7 Pages Same sex marriage is an inflammatory issue in today’s political landscape. Seemingly every election cycle brings us incendiary sta tements about how â€Å"the gays† are destroying America’s moral fabric from segments of the right. Meanwhile the idea of same sex marriage is becoming more and more accepted among young generations. The courts lie in the middle of this chaos. When laws are passed which discriminate against members of the LGBTQ community and are met with legal challenges, it is up to the courtsRead MoreThe Debate Over The Legalization Of Same Sex Marriage1264 Words   |  6 Pageshave come into contest with more liberal values. One of the most prevalent examples of this is the ongoing debate over the legalization of same-sex marriage within America. In the article â€Å"Supreme Court should make gay marriage a national right† by the editorial staff at the Boston Globe, the importance of the upcoming Supreme Court ruling on same sex marriage was stressed because it is a topic that has been dodged thus far. While numerous federal circuit courts have ruled on this issue, some in f avorRead More Should gay marriages be legalized? Essay1504 Words   |  7 Pages Should same sex marriages be legal? nbsp;nbsp;nbsp;nbsp;nbsp;Same-sex marriages have been very controversial since becoming an issue in Canada regarding the Canadian Charter of Rights and Freedoms. Several people state that same-sex marriages should be legal, while others disagree, saying it should not be permitted. There have been many debates and inquiries about this issue for several years; the MP’s and Parliament will finally settle the problem within the next year or so. Many are in favourRead MoreLaw, Business, And Society : Writing Assignment1601 Words   |  7 PagesObergefell v. Hodges, the Court sought to discuss the issue of whether state bans on same-sex marriage were constitutional and if states had to lawfully recognize marriages performed in other states. In a narrow vote of 5-4, the majority ruled that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment guarantee the right to marry for same-sex couples as one of the Constitution’s fundamental liberties. In this paper, I will be discussing the criticisms that Chief JusticeRead MoreCase Analysis : Obergefell V. Hodges1136 Words   |  5 Pagesheld that same sex couples can now exercise the fundamental right of marriage nationwide. Justice Kennedy reached this result by redefining what marriage is. James Obergefell and John Arthur married in Maryland in 2013. They lived in Ohio, which did not recognize same sex marriage. When John Arthur was diagnosed with ALS, the couple sued to have Obergefell’s name placed on the death certificate as a surviving spouse. The U.S. District Court overturned Ohio’s law banning same-sex marriage. The respondentsRead MoreSame Sex Marriage Should Be Legal1254 Words   |  6 Pagesin something different does not mean they are not human as well. The court did notice marriage as a fundamental right. However, they took the position that the fundamental right to marry does not include a right to make a State change its definition of marriage, and that the previous cases dealing with the fundamental right to marry did not provide that anyone who wants to get married has a constitutional right to do so. The dissent concerns were more that the majority opinion was an act of willRead MoreThe Amendment Of Same Sex Essay941 Words   |  4 Pa gesaccompanying thoughts. In order to determine if the state is required under the Fourteenth Amendment to license a marriage of same sex, we must establish a foundation in regards to marriage and its entitlements. The court argues that marriage â€Å"is not a fundamental right,† and with this conclusion, the state is not be required to legally recognize any marriage it does not see fit. Fundamental rights are due strict scrutiny, but issues of liberty interest only require rational basis. There is a significantRead MoreThe Evolution of Same-Sex Marriage976 Words   |  4 Pagescall it marriage equality, and opponents refer to it as â€Å"redefining† marriage. The issue of legalizing same-sex marriage has evolved over the years. Same-sex marriage and the fight to legalize it publically started in 1972 in the ‘Baker v. Nelson’ Supreme Court case, which involved a Minnesota couple that was denied a marriage license. The couple ended up taking their issue to court but their trial was dismissed because the Supreme Court stated that the clerk was allowed to refuse same-sex couplesRead MoreThe Issue Of Same Sex Marriage Essay1645 Words   |  7 PagesOverview On June 26, 2015, the U.S. Supreme Court, with a 5—4 majority decision, held that marriage is a fundamental right that should apply to same-sex couples based on the Due Process Clause and the Equal Protection Clause. Based on The Fourteenth Amendment of the Constitution, all fifty states must license and recognize a marriage between two people of the same gender. This is a significant change in the history of the United States, and supporters of the case honor the five judges in their reasonable