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Obergefell v Hodges and how we interpret history
3.12 Supreme Court Cases
Obergefell v Hodges and how we interpret history
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Obergefell v. Hodges was a landmark decision that deemed same-sex marriage a constitutionally guaranteed right. If I was a justice on the Supreme Court during the Obergefell v. Hodges case, I would have agreed with the majority opinion. Justice Kennedy wrote the majority opinion and the following statement summarizes the court’s decision, “Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.” Marriage has been central to society
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases, it is expected that the justices will vote along party lines. When the 5-4 ruling was revealed, the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage.
The supreme court case of Obergefell v. Hodges is one huge reason why we have same-sex marriage as of today. Richard Hodges is the defendant while James Obergefell is the plaintiff. As a result of this case, states are unable to pass laws that limit marriage of same-sex couples. It requires all states to license marriages between these couples, and makes states recognise marriages made outside of said states. Before this case, there were several other cases that supported similar, but not exact situations, which will be briefly covered in this essay. However, the Obergefell v. Hodges case is what officially made same-sex marriage undeniable by all states in the union.
“Separate but equal was a legal doctrine in United States constitutional law that justified and permitted racial segregation as not being in breach of the Fourteenth Amendment to the United States Constitution which guaranteed equal protection under the law to all citizens, and other federal civil rights laws". African Americans have a history of struggles because of racism and prejudices. Ever since the end of the Civil War, they struggled to benefit from their full rights that the Constitution promised being that, the US Supreme Court had to make many decisions to impact African-Americans: Loving vs Virginia, Plessy vs Ferguson, and Shelley vs Kraemer.
armbands was a silent form of expression and that students do not have to give
In the presidential election of 1800, Thomas Jefferson defeated John Adams to become the third president of the United States. The Judiciary Act of 1801 was passed which modified another act in 1789 that established ten district courts, six circuit courts, and the addition of judges to each circuit giving the president authority to appoint federal judges. The Marbury v. Madison was a landmark case in 1803 in which the court formed the basis for the exercise of judicial review. The landmark decision defined the boundary between separate judicial and executive branches of the American form of government. The Marbury v. Madison case of 1803 played a key role in making the Supreme Court a separate branch of government.
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
There were many different attitudes from the religious people. Some hailed the Supreme Court decision as righteous and holy, while majority deplored it as an affront to God. Many Americans with Christianity beliefs are not happy, with the same sex marriage. They go by the Bible, and fell the “Courts decision does not alter the Lords doctrine that marriage is a union between a man and a woman”. They still show respect towards those who have different believes, but will continue to teach and promote marriage between a man and a woman as a part of their doctrine and
On June 26, 2015, The U.S. Supreme Court ruled that same-sex marriage is a fundamental right in the decision on Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. This controversial decision overturned the law of more than 17 states. In the 5-4 decision, Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan voted with the majority and Justices Roberts, Scalia, Thomas and Alito were dissenting. At the heart of the controversy is the philosophy of judicial restraint and judicial activism. Was the Obergefell decision an example of judicial activism? Certainly, because it declared state laws banning same-sex marriages as unconstitutional. The Court’s decision, which was based on precedent and interpretation of the Constitution, was just.
January 22, 1973, a monumental ordeal for all of the United States had come about, which was that abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn into this political issue. In this case Jane Roe (Norma McCorvey) was an unmarried woman who wasn’t permitted to terminate her unborn child, for the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against doing it illegally so she fought to do it legally. In the court cases ruling they acknowledged that the lawful right to having privacy is extensive enough to cover a woman’s decision on whether or not she should be able to terminate her pregnancy.
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
Civil rights are the rights of citizens to political and social freedom and equality. There were many court cases that were connected to Civil Rights. One of the most controversial ones was Roe v. Wade, a case about a single pregnant woman by the name of Jane Roe who lived in Texas where having an abortion was considered a crime except to save the life of the mother. She then later on filed a suit against the Supreme Court and won. The court ruled that the states were forbidden from outlawing or regulating any aspect of abortion during the first 90 day or trimester of pregnancy. Laws mainly related to maternal health in the second and third trimester could enact abortion laws protecting the life of the mother. In this research paper I will be explaining how Roe v. Wade relates to Civil Rights by interfering with your privacy rights. I will also be analyzing how this case positively impacted society today. Roe v. Wade developed Civil Rights in the United States by enhancing the right to privacy, making abortions legal and securing the health of a mother.
Abortion is the method of removing a fetus or an embryo from the mother. Prior to 1970s, states had the power to decide the right to abort over the pregnant women. This situation continued until the Roe v. Wade case, which changed the whole country. It started in Texas, where there was a law stated that abortion was not allowed to be performed in any circumstances, except of life-threatening conditions. A Texas woman, who went by Jane Roe, challenged the law, stating that the abortion right is a “fundamental right”. The Supreme Court agreed to hear the case, which made this the first time ever in the history to recognize the right of privacy against the compelling interest of the states on abortion (Pearson Education, Inc.). In the case of Roe v. Wade (1973), with a decision of 7 to 2 majority vote, the Supreme Court upheld the right to abort. The Supreme Court stated that the First, Fourth, Ninth, and Fourteenth Amendments protected the right to abort against the state laws. Also, this decision implied the right to privacy based of Due Process Clause of the Fourteenth Amendment, which states that “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any