The Equal Protection Clause Of The Fourteenth Amendment Essay

1941 Words Mar 29th, 2016 8 Pages
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. They ruled that legally married same-sex couples are entitled to receive equal treatment under the federal law. The ruling required that the federal benefits for legally married opposite-couples, for example Social Security, certain tax breaks and insurance benefits. These then would be extended to legally married same-sex couples. In the Defense of Marriage Act it stated a federal definition of marriage as one man and one women also to defend marriage from being redefined or expanded. In the court’s ruling, Justice Anthony Kennedy and four other justices thought the DOMA went against the fifth amendment in the constitution. Dissenting opinions were filed and they decided on the constitutionality of the DOMA .
The Obergefell v. Hodges case took place Thursday, 16 January, 2014. Michigan, Kentucky, Ohio, and Tennessee define marriage as one man and one women. Four same-sex marriage cases were combined by the Supreme Court under the title Obergefell v. Hodges. The four cases were…

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