Gay Marriage - DOMA, 14th Amendment & Supreme Court | HISTORY

Contents:

• GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG
• THE SUPREME COURT RULGS THAT HAVE SHAPED GAY RIGHTS AMERI
• GAY MARRIAGE
• GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE

GAY MARRIAGE THE US SUPREME COURT: OBERGEFELL V. HODG

The Uned Stat has wnsed a remarkable shift LGBTQ rights and visibily the 50 years sce the Stonewall uprisg — and jt the last few years, LGBTQ people have won the right to marry, have h a rerd high reprentatn on televisn and have seen the first openly gay major printial ndidate beg his mpaign. “Even if, as the state ntends, homosexuals n fd protectn laws and polici of general applitn, ” Jtice Anthony Kennedy said the majory opn, “[the Colorado law] go well beyond merely privg them of special rights. “The Boy Suts asserts that homosexual nduct is nsistent wh the valu embodied the Sut Oath and Law, particularly those reprented by the terms ‘morally straight’ and ‘clean, ’ and that the anizatn do not want to promote homosexual nduct as a legimate form of behavr.

In 1981, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnership, which also granted hospal visatn rights and other benefs.

By 2015 (the year Obergefell was cid) thirty-six stat already issued marriage licens to same-sex upl and more than 20 unti around the world had already legalized gay marriage, startg wh the Netherlands 2000.

THE SUPREME COURT RULGS THAT HAVE SHAPED GAY RIGHTS AMERI

Judge Heyburn held that “homosexual persons nstute a quasi-spect class, ” and clared that Kentucky’s law banng same-sex marriag vlat the Equal Protectn Clse of the Fourteenth Amendment of the Uned Stat Constutn.

The laws and the Constutn n and sometim mt protect gay persons and gay upl the exercise of their civil rights, but relig and philosophil objectns to gay marriage are protected views and sometim protected forms of exprsn. The liberty protected by the Constutn allows homosexual persons the right to choose to enter upon relatnships the nf of their hom and their own private liv and still reta their digny as ee persons. Th, a state nstutnal amendment vlated the Equal Protectn Clse when preclud all legislative, executive, or judicial actn at any level of state or lol ernment signed to protect the stat of persons based on their homosexual, lbian, or bisexual orientatn, nduct, practic, or relatnships.

Hodg over whether or not gay marriage is a right guaranteed by the US Constutn, and whether or not gay marriag performed stat where has been legalized mt be regnized stat which ban the practice. The briefs filed support of gay marriage clud one by 370 small and large bs, one by 300 Republin officeholrs and activists, and one filed by a group of former high-rankg civilian Defense Department personnel.

GAY MARRIAGE

Marriage did not e about as a rult of a polil movement, disvery, disease, war, relig doctre, or any other movg force of world history—and certaly not as a rult of a prehistoric cisn to exclu gays and lbians. Sce then, the hight feral urt the untry has weighed on about a dozen other LGBTQ rights-related s, which have had powerful impacts on the gay rights movement and the liv of LGBTQ Supreme Court's First Gay Rights CaseSCOTUS's first gay rights se foced on the First Amendment—specifilly, how the rights of ee speech and prs apply to homosexual ntent. Sundowner Offshore Servic, Inc., SCOTUS led that same-sex harassment is vered unr Tle VII of the Civil Rights Act of 1964, which prohibs workplace discrimatn on the basis of sex, race, lor, natnal orig and Boy Suts Can Exclu Gay IndividualsIn Boy Suts of Ameri v.

Colorado Civil Rights Commissn (2018), SCOTUS sid wh the Masterpiece Cakhop—which refed to make a weddg ke for a gay weddg—on the grounds that the missn didn't employ relig ntraly when evaluated the discrimatn se agast the bakery. Equal Employment Opportuny Commissn—on whether gay and transgenr workers are protected om workplace a surprisg 6-3 cisn that me June 2020, the urt led that LGBTQ workers are protected unr Tle VII (which prevents discrimatn on the basis of sex), and nnot be fired for their sexual orientatn or genr inty. Early Years: Same-Sex Marriage Bans In 1970, jt one year after the historic Stonewall Rts that galvanized the gay rights movement, law stunt Richard Baker and librarian Jam McConnell applied for a marriage license Gerald Nelson rejected their applitn bee they were a same-sex uple, and a trial urt upheld his cisn.

” This lg effectively blocked feral urts om lg on same-sex marriage for s, leavg the cisn solely the hands of stat, which alt blow after blow to those hopg to see gay marriage beg 1973, for stance, Maryland beme the first state to create a law that explicly f marriage as a unn between a man and woman, a belief held by many nservative relig groups. Though the gay rights movement saw some advancements the 1970s and 1980s—such as Harvey Milk beg the first openly gay man elected to public office the untry 1977—the fight for gay marriage ma ltle headway for many years. In 1989, the San Francis Board of Supervisors passed an ordance that allowed homosexual upl and unmarried heterosexual upl to register for domtic partnerships, which granted hospal visatn rights and other years later, the District of Columbia siarly passed a new law that allowed same-sex upl to register as domtic partners.

GAY RIGHTS VS. FREE SPEECHSUPREME COURT BACKS WEB DIGNER OPPOSED TO SAME-SEX MARRIAGE

C., 1993, the hight urt Hawaii led that a ban on same-sex marriage may vlate that state nstutn’s Equal Protectn Clse—the first time a state urt has ever ched toward makg gay marriage Hawaii Supreme Court sent the se—brought by a gay male uple and two lbian upl who were nied marriage licens 1990—back for further review to the lower First Circu Court, which 1991 origally dismissed the the state tried to prove that there was “pellg state tert” jtifyg the ban, the se would be tied up ligatn for the next three Defense of Marriage Act Opponents of gay marriage, however, did not s on their hnch. Congrs 1996 passed the Defense of Marriage Act (DOMA), which Print Bill Clton signed to didn’t ban gay marriage outright but specified that only heterosexual upl uld be granted feral marriage benefs.

That is, even if a state ma gay marriage legal, same-sex upl still wouldn’t be able to file e tax jotly, sponsor spo for immigratn benefs or receive spoal Social Secury payments, among many other act was a huge setback for the marriage equaly movement, but transient good news arose three months later: Hawaii Judge Kev S. Phg for Change: Civil Unns The next saw a whirlwd of activy on the gay marriage ont, begng wh the year 2000 when Vermont beme the first state to legalize civil unns, a legal stat that provis most of the state-level benefs of years later, Massachetts beme the first state to legalize gay marriage when the Massachetts Supreme Court led that same-sex upl had the right to marry Goodridge v. Kansas and Texas were next 2005, and 2006 saw seven more stat passg Constutnal amendments agast gay towards the end of the , gay marriage beme legal var stat, cludg Connecticut, Iowa, Vermont (the first state to approve by legislative means) and New Hampshire.