Maryland court of appeals ruled Wednesday that a lesbian woman once married to another woman had no right to visitation or custody of a young boy her former partner gave birth to before the couple wed. According to The Daily Record of Baltimore, the Court of Special Appeals upheld an earlier decision by the Washington County Circuit Court that ruled Michelle Conover does not have parental rights over Jaxon Conover. The child was born six months prior to Michelle Conover’s marriage to his birth mother, Brittany Conover and 17 months before their divorce. Judge Robert A. Zarnoch wrote in his opinion that current state law, governing the rights of same-sex couples is not clear and therefore distinguishes Michelle Conover as a “third party”…
I disagree with the government pushing Davis to follow the law even if she doesn’t want to. Although Davis continued to break the law, no one should be forced to do something they do not want to do. If Davis did not want to issue marriage license to a gay couple, then she shouldn’t be forced to do something she doesn’t religiously believe in. The government continued to push Davis to issue the license, but instead of arresting Davis, the officers should have asked other clerks to issue the marriage. The arrest of Davis started a spark in the media across the United Sates and many people were intrigued by the situation.…
Obergefell v. Hodges Summary and Analysis This 2015 landmark Supreme Court case questions the constitutionality of same-sex marriage bans and is the consolidation of six federal cases from the Fourth Circuit. In district court, judges found in favor of the same-sex couples. However, the Fourth Circuit court reversed these rulings and found same-sex marriage bans constitutional under the doctrine of stare decisis with regards to the 1971 landmark case Baker v. Nelson, wherein the Supreme Court implicitly endorsed the constitutionality of same-sex marriage bans by dismissing the case (different from not issuing certiorari), tacitly upholding the Minnesota Supreme Court’s rationale that the constitutionality of same-sex marriage bans is a political question.…
Hodges. (n.d.). Oyez. ] It was also argued by the Court, that because the Constitution doesn’t directly address same-sex marriage, that the Supreme Court shouldn’t be the one deciding on the matter, but should instead be left with the…
Nelson case, the Supreme Court revisited the issue of same sex marriage in the case Obergefell v. Hodges and the Supreme Court ruled in favor of the legalization of same sex marriage in a 5-4 split decision. The majority rule believed that the 14th Amendment was being violated when couples of the same gender were applying for marriage licenses and getting denied. They believe that all people no matter what sexual orientation you are, have the right to marry and that it is a freedom that all people should have. On the other hand, the minority thought differently, the four judges who voted on same sex marriage being unconstitutional all wrote their own dissenting opinion behind there justification to vote against same sex marriage. Chief Justice John Roberts wrote in his dissenting opinion that, “Whether same-sex marriage is a good idea, should be of no concern to us.…
After this decision same-sex couples rushed to their nearest marriage clerk to solidify their relationship in marriage. Same-sex marriage licenses were being distributed at a rapid rate all throughout America, except in Rowan County, Kentucky. Standing on her 1st amendment civil liberty to have freedom to practice and exercise her religion,…
This statement is written in the constitution and that is the law. Now looking at both perspectives: Willock and her partner and Elane and her husband. We see Elanes point of view of refusing to do something that is against her religion. Now I 'm no lawyer, but I 'm pretty sure we have freedom of religion and speech. Understandable how Willock and her partner are upset as in their point of view they feel disrespected.…
When it comes to law, there is fine line between what the government is entitled to be involved in and what should be left to the privacy of individuals. Marriage is a situation where it can become tricky to understand when the government has the right to intervene. Griswold v. CT deals with a delicate situation between government force and the privacy of marriage in regard to the sale of contraceptives. Although the case ruled that there would be privacy granted to married couples, Justice Potter Stewart and Justice Black had dissenting opinions regarding how this decision was reached. They believed that there was not enough adequate evidence to reach this decision, and that it simply was not the court’s power or responsibility to deal with legislative aspects of the case.…
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.…
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…
In the United States of America, our people have come a long way since our nation’s founding. Nevertheless, we have slowly but surely fought to get to where we are today. After years of civil rights’ movements and desegregation laws, our government has now legalized same-sex marriage. While a majority of the nation rejoices that all people can now have equal rights when it comes to this life decision, many are opposed to the new legislation. One citizen who has refused to acknowledge this change in law is Kim Davis, a Kentucky clerk who has refused to issue marriage licenses to any same-sex couples.…
However, even though this has allowed same-sex marriage to be legalized, “it can also be refused by a religious organization to perform the ceremony or go against their religious doctrine” (Northrup). This decision doesn’t infringe on anyone’s rights or attacks them for being Christian, instead it protects both parties through their own religious freedoms. Moreover, the case doesn’t hurt anyone and helps move America into a more positive future for…
Defense of Marriage Act Sabina Exy Palm Beach State College Abstract The purpose of this paper is to inform the reader of the Defense of Marriage Act set in 1996. It explains why Congress felt the need to pass this act into law. this act was passed and the problems that came along with it.…
The Thesis Statement: The Equal Protection Clause of The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. The Supreme Court ruling in United States v. Windsor led, many states to legalize same-sex marriage. This set the stage for Obergefell v. Hodges. On June 26, 2013, The Supreme Court struck down The Defense of Marriage Act.…
The Essential Right For All People Of All Religions “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”- The First Amendment To U.S Constitution. One of the first thing that was mentioned in the First Amendment to U.S Constitution is freedom of religion. Freedom of religion was established in 1791 and has made a big impact on many lives. Freedom of religion not only gives each person the right to practice their own beliefs but also prohibits the government from showing favor toward one specific religion, and binds all different individuals together as an united nation.…