The Supreme Court 's Decision Essay

1357 Words Nov 13th, 2016 6 Pages
Using the Hawaii Supreme Court’s decision can count as a satisfactory point in which the law to discuss became into being. While the history goes back much farther in this case, prior to 1991, the final decision by the court begins in 1993, where they found it unconstitutional for the state of Hawaii to deny same-sex couples the right to marry (Baehr v. Lewin, 1993). In this instance, the Hawaii Supreme Court relied on a perspective of equal protection, rather than due process, to justify their decision in this matter. Shortly thereafter, the case is remanded to the trial court, to allow the state time and an opportunity to establish its reasons as to why they can deny same-sex couples marriage licenses, which the state delayed until 1996 (Sant 'Ambrogio and Law, 2011). During this time, the case had garnered national attention where large sweeping campaigns designed to block this from becoming an issue in other states gained momentum. The large pressure from campaigns combined with an election year resulted in a bill passing in Congress and officially signed into law by President Clinton on September 21, 1996 (Lamb, 2016). The bill, now a national law, is officially referred to as The Defense of Marriage Act (DOMA), is directed at defining and protecting the institution of marriage (as specified by its title). Included in this law were two provisions that hold relevance, Section 2, and Section 3. Beginning with Section 2, Powers Reserved to the States, the law…

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