Running Head: Gay Marriage Question 1 The Supreme

Running Head Gay Marriage12gay Marriagequestion 1the Supreme Court

GAY MARRIAGE Question 1 The Supreme Court of the United States recently decided a case concerning gay marriage. Discuss this case as it demonstrates the appellate process. How did it get to the Supreme Court? What effect does the ruling have on state laws? Reply 1 Obergefell v. Hodges is a landmark case in which on June 26, 2015, the Supreme Court of the United States held, in 5-4 decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution. In 1972, in the decision in Baker v. Nelson, the Supreme Court declined to hear the case about the denial of the marriage license application for a same-sex couple “for want of a substantial federal question” (Supreme Court Order in Baker v. Nelson, 1972). This ruling blocked federal courts from reviewing same-sex marriage cases for decades, leaving the decision solely in the hands of states.

In late 1980s and mid-1990s, same-sex couples had the option to see a few indications of trust on the marriage front. In 1981, the San Francisco Board of Supervisors passed a statute that permitted gay couples and unmarried heterosexual couples to enlist for domestic partnership, which additionally allowed clinic appearance privileges and different advantages. After three years, the District of Columbia likewise passed a domestic partnership law, giving same-sex couples access to benefits like medical care if their partner was employed by the DC government. In 1993, the Hawaii Supreme Court decided that a restriction on same-sex marriage might violate the state constitution’s Equal Protection Clause when a state court first considered making same-sex marriage lawful; however, the First Circuit Court of Appeals overruled this. In 1996, Congress passed the Defense of Marriage Act (DOMA).

Although DOMA did not ban same-sex marriage outright, it limited the federal benefits available to homosexual couples. Even if a state legalized same-sex marriage, couples still couldn’t file joint taxes, support each other for immigration, or receive Social Security spousal benefits. Public opinion shifted, leading Hawaii in 1998 to pass a constitutional amendment banning same-sex marriage, reflecting the national debate over equal rights versus state sovereignty.

Reply 2 The case was Obergefell v. Hodges, which made bans on same-sex marriage unconstitutional. These bans were not federal but state bans, and the Supreme Court ruled that these state bans violated the Constitution, requiring all fifty states to legalize and recognize same-sex marriages. The case began because Obergefell and his partner wished to marry but were denied in Ohio. They traveled to a state where same-sex marriage was legal, married, and then sued Ohio for discrimination. The case moved from the district court through the circuit courts, where it was combined with other similar cases before reaching the Supreme Court. The Court’s decision determined that the Due Process and Equal Protection Clauses of the Fourteenth Amendment guarantee the right to same-sex marriage, thus invalidating state bans and mandating recognition of marriages across the country.

Paper For Above instruction

The Obergefell v. Hodges case represents a pivotal moment in the trajectory of marriage equality in the United States, exemplifying the complex appellate process that navigates from local courts to the Supreme Court. This case not only highlights the pathway through the various levels of the judiciary but also reflects significant shifts in legal and societal attitudes toward LGBTQ+ rights.

Initially, the journey of this case can be traced back to individual states’ bans on same-sex marriage, which were challenged in courts across the country. The case originated when Jim Obergefell, who wished to marry his partner in Ohio, faced denial based on state statutes defining marriage as between a man and a woman. Frustrated by the discriminatory policies, Obergefell and his partner traveled to Maryland to get married, subsequently filing a lawsuit against Ohio, claiming their constitutional rights were violated. This legal challenge was the entry point into the judicial system, where the case was heard in the district court. After losing at that level, the plaintiffs appealed to the United States Court of Appeals, which consolidated numerous similar cases, recognizing a pattern of discriminatory state laws.

The appellate courts served as critical review bodies, ensuring that the trial courts adhered to legal standards and constitutional principles. In the case of Obergefell, the appellate courts scrutinized state laws banning same-sex marriage, examining whether these laws violated federal constitutional protections. The consolidation of various cases into a circuit court decision, and the eventual appeal to the Supreme Court, exemplifies the process whereby appellate courts review and validate or overturn lower court rulings.

The U.S. Supreme Court’s decision in Obergefell v. Hodges, delivered on June 26, 2015, was a landmark 5-4 ruling that fundamentally altered American marriage law. The Court held that state bans on same-sex marriage and refusal to recognize marriages performed in other jurisdictions were unconstitutional under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling effectively invalidated all state laws banning same-sex marriage, mandating that states recognize marriages regardless of sex, and ensuring same-sex couples access to marriage benefits nationwide.

The impact on state laws was immediate and profound. Prior to the ruling, some states had legalized same-sex marriage through legislation or court decisions, while others maintained bans. Post-judgment, these bans were declared unconstitutional, leading to the legalization of same-sex marriage in all states and the requirement to recognize marriages conducted elsewhere. This decision not only redefined marriage law but also signified a broader shift in societal understanding of rights and equality. It underscored the Court’s role as the ultimate arbiter in constitutional issues and demonstrated the importance of the appellate process in safeguarding civil rights.

The case's significance extends beyond legal implications to reflect ongoing societal debates about civil rights, equality, and the role of judicial activism in shaping social policy. It exemplifies how appellate courts serve as vital guardians of constitutional rights, rectifying discriminatory laws that conflict with constitutional principles. The success of Obergefell showcases the importance of the appellate route in advancing social justice, highlighting that access to justice, through appellate review, is essential for protecting minority rights against majority opposition.

Conclusion

In sum, the Obergefell v. Hodges case vividly illustrates the appellate process’s essential function in the American legal system. From local courts to the Supreme Court, the process ensures that laws align with constitutional protections. It also highlights the evolving nature of legal interpretations and societal values, emphasizing that appellate courts can serve as catalysts for profound social change. The ruling not only settled a contentious legal debate but also cemented the principle that marriage rights are fundamental human rights, protected by the Constitution.

References

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• Obergefell v. Hodges, 576 U.S. 644 (2015).
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