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Marriage equality is an issue that has raised numerous debates. It refers to a status that is political and which recognizes the equality of same-sex marriages and marriages between the opposite sexes. Several countries all over the world have implemented marriage equality. The United States Supreme Court is an institution that sought to uphold the concept of marriage equality. One significant way through which the Supreme Court brought about marriage equality is through the legalization of same-sex marriages. The decision of the Supreme Court paved the way for marriage equality. Marriage equality is in opposition to the Defense of Marriage Act. Several courts have come up with legalizations on equality in marriage.
Court cases about marriage equality
United States v. Windsor
In this case, a ruling is made in defense of marriage equality by the Supreme Court. The court case determined that the DOMA is wrong in its definition of marriage. DOMA establishes the legality of a marriage as occurring between a male and a woman. The Act goes against the Fifty Amendment, as indicated by the Supreme Court. According to the fifth amendment, no individual should be discriminated against and not deprived of property or life.
The Act acted in violation of the Fifth amendment. It is by its distinction between the different types of marriages between same-sex and opposite sex. The federal defense marriage act was particular in its discrimination of same-sex marriages. The Supreme Court made the third section of the DOMA obsolete. The section on the Act does not allow for marriage between two individuals of the same sex. The federal government did not provide for equal viewing of the unions. The Supreme court, therefore, decided to invalidate the federal Act. The Court, therefore, decided to ensure the protection and that all individuals enjoy the advantages of federal protection the same as heterosexual relationships.
Obergefell v. Hodges
The case led to the ruling out the DOMA act from the Supreme Court. The Court ruled using the Fourteenth Amendment. It used a Citation used concerning equality in protection in the amendment. The Court stated that denial of equal marriage rights to individuals of same-sex is not constitutional. It states that they have a legal right to marry. In this case, the Court made a reversal of the requirements of the fourteenth amendment. The Court argued that the opposition to same-sex marriages directly violated the fourteenth amendment.
Hollingsworth v. Perry
The case of Hollingsworth v Perry was a case about same-sex marriages. It was made by a lower court in California. The Supreme Court upheld the decision made by the lower Court, which accepted the legality of same-sex marriages. The Court, based in California, stated that the DOMA violated the right to equal protection. The citizens in California were in opposition to equality in marriages. The case, however, was taken to Supreme Court, and the judge declared a violation of the Act.
Provisions for marriage equality
There are numerous provisions and entities established to provide for equality in marriages. The first is the government. Marriage equality was advocated by President Obama. It thereby contributed to the increase in enjoying federal benefits to same-sex marriages. There also has been changing of the majority of the bans placed against same-sex marriages. Several states have revised their laws regarding equality in marriages. Many states, however, still have restrictions regarding same-sex marriages. Numerous states have also implemented the provision of licenses for couples in same-sex marriages.
The ninth amendment provides a right to individuals to privacy, rights to gay rights to termination of pregnancies, and the ability to move safely from one place to another. The ninth amendment thereby gives individuals the right to same-sex marriages. The rights provided by the ninth amendment are very stringent that they cannot be disrupted by the government. The ninth amendment was established because Federalists and antifederalists did not want the establishment of the Bill of rights. The fifteenth amendment is essential as it provides African Americans the right to voting. The ability to vote offers the ability to make decisions regarding marriage.
Issues in Marriage Equality
There are numerous problems that I have discovered regarding marriage equality. Discrimination is the first issue faced by individuals in same-sex marriages. The second challenge facing equality in marriage refers to the complexity in the rights of the individuals in the marriage. The third challenge arises due to the taxation of the individuals existing in the unions. I strongly discourage the occurrence of these issues. It is because every individual should be allowed to exercise their right to marry any individual of their choice.
I am a big supporter of marriage equality. It is because every individual has a right to enjoy equal provisions, as stated in the Bill of Rights. The research has helped provide information about the significance of equality in marriages. The study has also highlighted the numerous ways through which the Constitution helps in delivering equality.
Burgess, S. (2017). Marriage equality politics. LGBTQ Politics. Retrieved from https://books.google.co.ke/books?hl=en&lr=&id=jMItDwAAQBAJ&oi=fnd&pg=PA351&dq=Marriage+equality+and+the+US+Supreme+Court&ots=x_RayY-9pu&sig=ylw3R4lqWJRGd3fHcZLe5LYAMRM&redir_esc=y#v=onepage&q=Marriage%20equality%20and%20the%20US%20Supreme%20Court&f=false
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