Gay Marriage Arguments

Superior Essays
Several states, including Ohio, Michigan, Kentucky, and Tennessee, banned or refused to recognize same-sex marriages that occurred in states where it was legal. Same sex couples from those states turned to suing their respective local agencies on the matter. Plaintiffs in each case argued that the ban failed to uphold the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. One group also brought claims of the ban going against the Civil Rights Act. In all the cases argued in the local courts, the plaintiffs won. Despite the adverse response to the bans, the US Court of Appeals for the Sixth Circuit held that the state’s ban and refusal to recognize the marriages did not violate the couple’s Fourteenth Amendment rights. …show more content…
In the Huffington Post article “What Impact Will Gay Marriage Really Have On America?”, author Nate Phelps points out that these concerns usually derive from religious communities. He states that one of the big pushes to make same-sex marriage illegal after it was already legal happened in California with Proposition 8 or Prop 8. Prop 8 pushed to make same-sex marriage illegal in California after it was already made legal and it succeeded. It was later overturned, but it proves that religious communities can have a huge impact on the issue. Other countries that have made same-sex marriage legal long before Obergefell v. Hodges, such as Canada, have experienced no negative outcomes.
Nate Phelps’ article relates back to Obergefell v. Hodges because he talks about how same-sex marriage can be perceived as a scary for some people in the US since it’s such a big change that many people haven’t really thought about in a positive way. It’s a huge shift in a big group of people’s ideology and there are a wide range of opinions people have on the
…show more content…
Hodges”, Marina Koren gives some statistics on same-sex marriage taken from Gallup Polls. The information states that since the Obergefell v. Hodges case, same-sex marriages have increased by 22 percent. Gallup polls have also suggested that there has been about 123,000 same-sex marriages since the ruling and estimates that 0.4 percent out of the 3.9 percent of all LGBT individuals have married. There was a big surge directly following the ruling, but things have slowed down since. Koran argues that this is likely because many LGBT people are young and not ready to get married yet. Before the ruling was made on same-sex marriage, 26 percent of same-sex couples in states where it was banned were married anyway and after the ruling the number jumped to 39 percent. A similar jump was seen in states where it wasn’t banned the number jumping from 42 percent to 52

Related Documents

  • Improved Essays

    Obergefell vs. Hodges case legalized same-sex marriage in all 50 states. I know this is a very sensitive subject, but I do not believe in same sex marriage, I think it is wrong and unbiblical. It was ruled unconstitutional to deny a marriage license because of the Due Process clause and the Equal protection clause. Even though this can be applied, it shouldn’t be because the original definition of marriage wasn’t between two individuals of the same gender.…

    • 468 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Obergefell vs Hodges June 26, 2015. The United States Supreme Court finalized the case known as Obergefell vs Hodges. The case involved a decades long battle between states and people on weather or not gay marriage should be legalized. Same-sex couples, and other advocates of same-sex marriage sued their state marriage agencies in Ohio, Michigan, Kentucky, and Tennessee on weather or not their right to refuse same-sex marriage was violating the 14th Amendment, which addresses many parts of the right of US Citizens. [ Obergefell v. Hodges.…

    • 843 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Earlier this year, the Supreme Court in the case Obergefell v. Hodges, the court heard a case in which the plaintiffs argued that a ban on same sex marriage violated certain provisions of the 14th Amendment. The plaintiffs specifically argued that the ban violated the concept of protection of liberty. The court ruled in a 5-4 decision that same-sex marriage is legal across all 50 states because they view marriage as a union of two people and not solely as a union of a man and a woman. Although it was a 5-4 decision in the Supreme Court, the majority opinion stated that the 14th Amendment was being violated. The dissenting opinion on the other hand, focussed on several ideas.…

    • 1275 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    The right to marry might seem trivial to some, but for those who have never been able too, it is an amazing feeling. Although not everyone feels so positively about it, those individuals are not in great company at least that is what the research suggests. That is not to say that these individuals and entities are not causing problems for those trying to enjoy the right. The most notable are the clerks in Kentucky refusing to issue licenses and the courts in Arkansas upholding poor legislation to attack homosexual couples. Overall, this case decision has set the stage for equal protection and treatment for the LGBT…

    • 1048 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Obergefell v. Hodges case lasted around 6 years. The petitioner was James Obergefell, et al. and Richard Hodges, Director of the Ohio Department of Health, et al. This case took place in the United States District Court for the Southern District of Ohio, Western Division. The deciding court was Roberts Court in the years of 2010 and 2016.…

    • 1035 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    There have been several times within American politics where the rights of groups of people have been fought over. These types of fights have been spread over the course of America’s history the most well known being the Civil Rights movement in the 1960s. One of the most recent of these fights was the repeal of California’s Proposition 8, originally titled the “California Marriage Protection Act,” which only affected same-sex couples. Proposition 8 was a proposal for an amendment addition to the California constitution stating “only marriage between a man and a women is valid or recognized in California,” creating controversy between groups. The California Supreme Court saw that “limiting marriage to opposite-sex couples,” was violating…

    • 1742 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    This is a very interesting topic for me and a very personal one as well. It hits home for those that are dear to me that there are so many challenges that we have to face on a daily basis regarding the issue of what is legal, moral, and thereof. I think that throughout the United States and across the country that there are many government officials and administration that are faced with the decisions of having to change many rules, policies, and regulation to accommodate the new law that grant same sex individuals and couples the same equal rights and protection to be in a union or marriage like that of the traditional marriage of that of a man and woman. There has been many challenges from many interest groups that was either against or for the Defense of Marriage Act (DOMA).…

    • 183 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    Judicial Restraint Essay

    • 1859 Words
    • 8 Pages

    As we know about the Supreme Court, The Supreme Court is made up of nine justices, coming from varied religious and ethnic backgrounds with six males and three females. Presidents nominate Justices for life tenure and they must be confirmed by majority vote of the Senate. According to NY Times article that has the title” Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide”, on June 27th, the US Supreme Court decided 5-4 that same-sex couples have a ‘fundamental’ right to marry, and thus overturned the laws of at least 17 states. In this assignment, I will discuss the arguments both for and against judicial activism vs. judicial restraint, using the 2015 gay marriage case of OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO DEPARTMENT…

    • 1859 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Religion could be found in every corner of the world. It dictates what we eat, how we look, what we do or don’t do, and the morals we believe. For a lot of us religion is a big part of our lives and this could be seen in our government. Since the birth of the United States, religion has played a big part in our society, lawmaking, and culture. The U.S is a Christian based country and its morals have dictated a lot of laws.…

    • 1438 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    On June 26, 2015, LBGT+ activist groups rejoiced as the United States Supreme Court ruled in favor of legalizing same-sex marriage believing that a ban of it violated the 14th amendment of the Constitution. This didn’t help stop any hatred of same-sex couples and it seemed that the world would implode due to the court’s decision However, backlash soon followed, leading to an Appeals court, saying it didn’t violate the 14th amendment and many “Christian” groups saying the ruling by the Supreme Court goes against the bible. In the case of Obergefell vs. Hodges, the ruling has influenced the United States to take steps in a more progressive future where everyone has equal rights and helping America begin its transition into a more positive light with supporting this decision. Much of the backlash from this decision was due to these different “Christian” activist groups who said that same-sex marriage went against their religious liberties and violated the bible in Leviticus. Which is quite hilarious as none of them probably adhere to the teaching in the book of Leviticus like no eating shellfish and no mixing different materials to wear like a cotton, polyester blend…

    • 1088 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In America, Marriage Equality is a very hot topic. Same sex marriage is now legal throughout America. Many people are not happy about it, but some people are. This topic will always be very questionable topic in America. A lot of people do not believe that gays should not be allowed to be married, but for now they are.…

    • 1131 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In 2003 Massachusetts was the first state to legalize same-sex marriage. Prior to the U.S. Supreme court ‘s 2015 Obergefell v. Hodges ruling, the state of same-sex marriage in America was always in flux. From early beginnings, both proponents and opponents of same-sex marriage have asserted controversial arguments. Before the U.S. Supreme Court ruling on Oct. 6, 2014, declining to hear the case of same-sex marriage. Thirty-one states have either constitutionally or statutory provisions that explicitly defined marriage as one man and one women.…

    • 1941 Words
    • 8 Pages
    Improved Essays
  • Superior Essays

    It is apparent that Baehr v. Lewin may pave the way for same-sex marriages in Hawaii, but DoMA prevents other states from being forced to recognize their laws. That is why it is important that we in Texas repeal our sodomy law, and legally recognize same-sex marriage, making it possible for gays to be able to enjoy the full benefits of the life-long commitment of love. Hopefully, the generations of the future will be able to look back at gay discrimination as current society looks back at the ridiculousness of sex and race-based discrimination. Works Cited Bull, Chris. Scene of the Crime.…

    • 1575 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    There is another law that was passed six months after it was ruled that banning same sex couples was unconstitutional, and it was called Proposition 8. Same sex couples are trying to get “the justices to strike down California's Proposition 8, which banned gay marriage in the state just six months after a court ruled that preventing gays and lesbians from marrying was unconstitutional” (Jost). These laws cause a constant race to create and destroy laws; that deal with the ability for same sex couples to get married and for the people who believe that same sex marriage is wrong to refuse that…

    • 999 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Argumentative Essay On Same Sex Marriage

    • 1239 Words
    • 5 Pages
    • 7 Works Cited

    Marriage has always been between a man and a woman, right? Well, then what happens when you suddenly change the definition and turn it into a “loving, romantic union between committed adults?” (Vogt). It doesn’t work like that. It confuses society and children.…

    • 1239 Words
    • 5 Pages
    • 7 Works Cited
    Superior Essays