Defender
of Marriage
OBERGEFELL
v. HODGES.
The
two Questions:
(1) Does the
Fourteenth Amendment require a state to license a marriage between two people
of the same sex?
(2) Does the
Fourteenth Amendment require a state to recognize a marriage between two people
of the same sex that was legally licensed and performed in another state?
Case
Conclusion:
The Fourteenth
Amendment requires both marriage licensing and recognition for same-sex
couples.
It was a 5-4
majority win for the same-sex marriage case of OBERGEFELL v. HODGES. “The Court
held that the Due Process Clause of the Fourteenth Amendment guarantees the
right to marry as one of the fundamental liberties it protects, and that
analysis applies to same-sex couples as it does to opposite-sex couples.” Same
sex marriage is also held to the right to marry because it is inherent to “the individual
autonomy, it protects the most intimate association between two people, it
safeguards children and families by according legal recognition to building a
home and raising children, and it has historically been recognized as the
keystone of social order.” The court also ordered that the first Amendment
protects the right of religious organizations to their principles.
Those Judges who argued for the
constitution believe that the constitution does not address marriage for the
rights of same-sex marriage. It is within their own state legislatures based on
their electorates and the courts should not over step. They all argue that this
is taking power from the legislature and putting into the judiciary. These
judges agree that this matter should be up to the states on how they want to
handle the same-sex marriage and traditional marriage. Judge Roberts argues
that legal opening for marriage will make the change harder to accept. The
constitution did nothing for the win of same sex marriages. Judge Scalia’s
says,
“‘The nature of
marriage is that, through its enduring bond, two persons together can find
other freedoms, such as expression, intimacy, and spirituality,’” he quoted
from the majority opinion before adding, “Really? Who ever thought that
intimacy and spirituality [whatever that means] were freedoms? And if intimacy
is, one would think Freedom of Intimacy is abridged rather than expanded by
marriage. Ask the nearest hippie.”
And by Judge
Alito, Jr.
“What [those arguing in favor
of a constitutional right to same sex marriage] seek, therefore, is not the
protection of a deeply rooted right but the recognition of a very new right,
and they seek this innovation not from a legislative body elected by the
people, but from unelected judges. Faced with such a request, judges have cause
for both caution and humility.” Id., at ___ (slip op., at
7–8). He talks about deep roots of our traditions.
In my opinion, I believe these
Judges are protecting the government, the constitution, and our deep roots of
long traditions. Now people want to change it. They don’t feel that the
Constitution covers the same sex opinion to marry. It should protect the
traditions of our past. Why is this coming to the courts to change the laws of
all the states when this should be an individual state issue. Let the voters
decide.
One day I heard a rumor that I had
boyfriend with a guy on my swim team. I shrugged it off until after school
during our swim practice and told them about the rumor going around and laughed
about it. He laughed and said he started it because people were starting to
wonder if he was gay. I asked if he was. He told me he was and was afraid that
if the swim coach found out, he would get kicked off the swim team. I totally
understood his problem because this was a new thing back in 2002. I let it go
for a while but when it came to being asked to a dance. Everyone thought we
were together and he was going with his “partner”. I realized It wasn’t right,
I had “checked my religion at the door” for this lie to continue in order to
save him but not myself. I told him I cared for him as a person but I didn’t support
what he and his partner do and I could not hold on with that lie. He agreed and
it started to come out that he was gay. He gained respect but also lost a lot
of friends. His swim coach was okay with it but he did get a lot of problems
from the other swim team crew. So, he unfortunately quit the swim team. We
stayed friends until a few years ago, his Facebook page started to look a
little too pornographic. I always ask myself, is it clean enough for my
children to see my social media if they accidentally get on? His page wasn’t clean enough for my children
and I had to remove him. Its hard to stand up to someone about something that
has become the “new normal” in society. It's like playing tug-a-war on our feelings. How do you deal with such feelings?
References:
Obergefell v.
Hodges, 576 U.S. (2015). Supreme Court of the United States. https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
