The Court 's Same Sex Marriage Essay

1079 Words 5 Pages
The Court attempted to rely on Loving v. Virginia for the claim that marriage is “one of the vital personal rights essential to the orderly pursuit of happiness by free men.” What the court failed to elaborate on is that the racially-based law at issue in Loving restricted liberty based on an immutable characteristic lacking an inherent moral content. Such a race-based restriction is clearly wrong and unconstitutional, and striking down such laws does not alter the natural structure of marriage between men and women. The Court’s same-sex marriage decision, however, alters the structure of marriage between men and women, and ascribes immutability to behavior, which is clearly not. Loving must be twisted in order for one to claim it supports the result in Obergefell, for while races is immutable, benign, and irrelevant to one’s character or conduct, homosexual conduct is not immutable and those who practice same-sex intimacy are engaging in behavior that has intrinsic moral conduct. The Fourteenth Amendment provides that the government shall not “deprive any person of... liberty... without due process of law.” This protection ensured that people could not be detained by the government without fairness and proper process. However, for years, the Court has applied the notion of “substantive due process” which has dictated that this “liberty” itself actually contains all sorts of freedoms and benefits (though not mentioned in the Constitution) that the government is required to…

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