UNIT 3 LAW 209 HOMEWORK
docx
keyboard_arrow_up
School
American Military University *
*We aren’t endorsed by this school
Course
209
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
5
Uploaded by ProfessorRam11604
Same-sex marriage and the law
Same-sex marriage and the law
Beverly Baxter
Post University
Law 209: Family Law and Practice
Professor Levy
17 July 2022
Same-sex marriage and the law
Same-Sex Marriage throughout the United States was shunned upon throughout the
1990s. States were not ready to allow same-sex marriages to occur. There are plenty of
individuals who felt they couldn’t have that enjoyment in life to marry and be with someone of
the same sex where it resulted in an uphill battle to rectify this issue. Throughout the years some
states started to have legal recognition for same-sex partnership. Over the years, multiple states
such as Massachusetts, California, Connecticut (to name a few) Supreme Courts changed their
laws in allowing same-sex marriage licenses an overturning Proposition 8 and DOMA. Which
was unconstitutional. However, after the Obergefell v. Hodges case, courts reversed the Sixth Circuits holdings,
legalizing same-sex marriage in all 50 states. “[The] right to marry is a fundamental right
inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of
the Fourteenth Amendment Couples of the same-sex may not be deprived of that right and that
liberty.” All couples rather same or opposite sex should have that fulfillment and joy in life to
enjoy that love and connection with whom they chose to marry. DOMA, “A federal statute that says (1) one sate is not required to give full faith and
credit to a Same-Sex Marriage entered in another sate (28 U.S.C. 1738c), and (2) for Federal
purpose, only opposite-sex marriage is recognized (1 U.S.C. 7).” “If a state wanted to recognize
another states same-sex marriage, it could, but DOMA said that this recognition was not
required. DOMA did not make same-sex marriages illegal. It simply provided that one state
could not be forced to recognize such a marriage if another state ever allowed one.” The
Obergefell v. Hodges case is nothing new when it comes to same-sex marriage cases. Marriage
encompasses devotion and love. It shows the undying sacrifice, commitment, trust, compromise,
Same-sex marriage and the law
dedication, and faith two individuals have towards each other. No matter if it’s same or opposite
sex. This is the case with James Obergefell who met and fell in love with John Arthur. Arthur
later died from ALS where Obergefell was unable to be listed as Arthur’s surviving spouse on his
death certificate per Ohio law. After filing suit, the judgment of the Court of Appeals for the
Sixth Circuit was reversed affirming Same-Sex Couples should be allowed to show their love
and fidelity through marriage as opposite-sex couples.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Same-sex marriage and the law
References
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 170
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/189
Statsky, W.P. (2021). Family Law
(7
th
ed.). Cengage, P. 173
https://ambassadored.vitalsource.com/reader/books/9781337917612/pageid/192
Same-sex marriage and the law