The Obergefell V. Hodges Case: The History Of Gay Marriage

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Over the course of American history, various civil rights movements have arisen from marginalized groups demanding equality and protection under the law. In this report, the history of the LGBTQ rights movement is examined, specifically focusing on the rights of gay and lesbian couples. The rights of these couples are evaluated both on a social and institutional level. Starting with the 1950’s, trends and major themes present within each decade are identified and discussed. Additionally, the significance of these events is discussed as it pertains to the recent Supreme Court decision legalizing gay marriage on a national scale. Final conclusions are drawn about the historical disadvantage of the LGBTQ community and where the United States stands …show more content…
Hodges case landed in the hands of the United States Supreme Court (Chappell 1). This case’s decision would determine the national law on recognition of gay marriages (Chappell 1). Previously, the issue had been largely a state by state legislative decision, greatly polarizing the nation and resulting in many lawsuits where gay couples would marry in a state where gay marriage was legal and move to a location where their marriage was not recognized. On June 26, 2015, in a 5-4 final decision, the Supreme Court determined that all states shall recognize the legal marriage of same-sex couples (Chappell 1). One important piece of information to note in this decision is that this was in no way a sweeping victory within the Supreme Court. Many opposing viewpoints still exist on the issue of gay marriage, even following Obergefell v. Hodges, making this a relevant topic of discussion and research. Throughout this report, the history of the LGBTQ rights movement is discussed, focusing on key trends existing between 1950- 2015. By examining this group of people in historical context, trends and major movements will be determined, ultimately leading to a deeper understanding for how the United States arrived at a positive decision on gay marriage …show more content…
This marked an especially conservative time within the U.S. History (). As a result, any individuals or groups of people who exhibited behavior which deviated from the conventional norm was met with much scrutiny and in many cases, severely punished by the government (). McCarthyism was a commonplace mechanism utilized by the Presidential Administration at the time, in which the government would fabricate allegations against an individual, often with little to no credible proof, who they viewed as a threat or risk to national security (). This often involved covert investigations of the alleged without just cause (). The gay and lesbian community was a target of such discrimination by officials in the government, military, and the police force (). In 1950, a Senate report was sent out to Congress which referred to homosexual individuals as “sexual perverts” and suggesting they pose a risk to national security due to their “illness” (). Over the course of the decade, thousands of men and women lost their jobs through the national and state government because of suspicion that they were gay (). In addition, the military discharged over 4,000 people on similar claims (). Law enforcement began conducting bar raids which often resulted in arrests and detention of gay men based on accusations of excessive rowdiness and creating a disturbance

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