please read the PDF attaching to be able to do this assignment

1- Please create a title for your post by putting it in bold, “header 2” as the first line of your text.

2- The purpose of this discussion board is the discuss these important Supreme Court decisions. You should pay attention to the theory of constitutional interpretation each of the justices is using. Make sure you have read Walter Sinnott-Armstrong and Susan Brison’s article “A Philosophical Introduction to Constitutional Interpretation” where they introduce the leading theories of Constitutional interpretation.

Griswold v Conn

Roe v. Wade

Obergefell v Hodges

Cruzan v Missouri

Department of Health v. Glucksberg

Discussion Prompt:

Obergefell v. Hodges is not the culmination of one single lawsuit but is a
consolidation of six lower-court cases between January 2012 and February
2014 from the following states: Michigan, Ohio, Kentucky, and Tennessee. All
the cases related to the constitutionality of issuing same-sex marriage licenses
and the bans that existed. In November 2014, following appeals court rulings
in the Fourth, Seventh, Ninth, and Tenth Circuits that decided that same-sex
marriage was unconstitutional, the Sixth Circuit ruled that Baker v. Nelson
was the case that they were bound too and as a result the bans were
constitutional. The main issue in the case was whether denying same-sex
couples the right to marry, and recognizing out of state marriages, violated
the Fourteenth Amendment’s Due Process and Equal Protection Clauses.
The U.S. Supreme Court ruled in a 5-4 decision that the Fourteenth
Amendment does require all states to recognize same-sex marriages from
other states and grant same-sex marriages. Justice Anthony Kennedy
authored the majority opinion on the case alongside Justices Ruth Bader
Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. They
declared that the state same-sex marriage bans that existed were a violation of the Due Process and Equal Protection Clauses on the Fourteenth Amendment.
The court affirmed that this was included in the extension to “certain personal
choices central to individual dignity and autonomy, including intimate choices
that define personal identity and beliefs,” as stated in the Fourteenth
Amendment. They also found that this extension includes a fundamental right
to marry as seen in
other cases such as Loving v. Virginia, Zablocki v. Red hail, and Turner v.
Safley. I also found the contrast against the dissenting position to be very
interesting. Chief Justice Roberts and Justices Scalia, Thomas, and Alito: all
agree that fundamental rights are protected through the Due Process Clause
of the Fourteenth Amendment, but also argue and warn that this has been
misused previously to expand perceived fundamental rights (Dred Scott v.
Sandford and Lochner v. New York).
Answer Two of The Following Philosophical Issues:
1. Do you believe that in this example the Due Process Clause of the
Fourteenth Amendment is being misused to expand perceived fundamental
rights?
2. Do you agree with the Supreme Court’s decision finding that same-sex
marriage is constitutional through the Fourteenth Amendments (agreeing
with Justice Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia
Sotomayor, and Elena Kagan), or do you believe that the same-sex marriage
bans do not violate the Fourteenth Amendment?
3. What do you believe should (and should not) be considered under the
definition of “marriage”?

ANSWER

Same-Sex Marriages

Constitutional Interpretation of the Fourteenth Amendment in relation to Same-sex Marriages

The Status of the Fourteenth Amendment

The Fourteenth Amendment continues to offer significant foundation for the American democracy. It bars the state from denying their population rights and freedom as incorporated in the legal framework. It also incorporate a protection of marital rights where states can decide to allow same-sex marriages apart from the expected opposite-sex marriages. However, it is not mandatory for states to support same-sex marriages. The United States Supreme Court declared Section 3 of the Defense of Marriage act invalid (Smith, 2014). This fragment did not recognize the marriage of same-sex couples and thus failed to offer equal protection for all persons. The right to marry is a fundamental right under the due process clause, as was further clearly and expressly noted by Justice Anthony Kennedy when writing the Court’s opinion in the case of Obergefell v. Hodges, No. 14-556 (Kazyak & Stange, 2018). The Fourth Amendment Clause followed due process and provided an opportunity to protect all persons’ rights irrespective of their sexual orientation.

Supreme Court Ruling

The judgment made by the Supreme Court in Obergefell V. Hodges rulings that same sex marriage is constitutional through the Fourteenth Amendments was appropriate. The judge ruled that the fundamental rights to marry are protected through the Due Process Clause of the Fourteenth Amendment (Sinnott-Armstrong & Brison, 2018). However, it does not compel all states to accept same-sex marriages. The case outcome showed that marriage is a fundamental right under the Constitution, and same-sex couples should have the freedom to explore the same right. The Court further stated that “the right to personal choice regarding marriage is inherent in the concept of individual anatomy” (Sinnott-Armstrong & Brison, 2018). Sexuality should not be a hindrance to marriage as a right to every individual. Bans on same-sex marriage violate the fourteenth amendment. States have the right to extend rights to their citizens that go beyond the requirements of the federal Constitution. They are expected to extend rights to everyone as highlighted under the federal Constitution. The right to liberty is a requirement that states need to fulfil for all citizens in their respective areas, and the same liberty should be extended to all with no exception.

The Definition of Marriage

One of the aspects that should be avoided in the marriage definition is that straight individuals are morally superior to gay men and women. Thus, they should get superior and treatment when it comes to the imposition of the people’s fundamental rights and freedoms as envisaged in the federal Constitution. It counters the logic of democracy due to the violation of the equality clause in the Fourteenth Amendment. Marriage should not be interpreted out of the context of same-sex unions. It was expressly stated by Justice Anthony Kennedy that “same-sex couples respect marriage and “ask for equal dignity in the eye of the law” (Sinnott-Armstrong & Brison, 2018). Thus, the same-sex marriage rights are granted by the Constitution. The definition of marriage should emphasize marriage as a fundamental right to all persons. After all, marriage is a fundamental right under the federal Constitution and should be respected as such. The Court’s description of marriage as a fundamental right does not bar anyone from forming a union with the same or opposite sex. The Constitution’s pragmatic interpretation is appropriate for dealing with matters of fundamental rights and freedoms because it allows the Constitution to evolve and match more enlightened understandings on controversial matters such as the equal treatment of minorities in society.

References

Kazyak, E., & Stange, M. (2018). Backlash or a Positive Response? Public Opinion of LGB Issues After Obergefell v. Hodges. Journal of Homosexuality, 65(14), 2028-2052.

Sinnott-Armstrong, W., & Brison, S. J. (2018). A Philosophical Introduction to Constitutional Interpretation. In Contemporary Perspectives on Constitutional Interpretation (pp. 1-25). Routledge.

Smith, A. M. (2014, April). Same-sex marriage: A legal background after United States v. Windsor. Congressional Research Service, Library of Congress.