SPA-220 FA4 Lecture Notes - Lecture 4: Equal Protection Clause, Precedent, Nuclear Family

67 views3 pages
Maiage ad eual poess
Textbook pages 696-703
Lawrence v. Texas
o Due Process regulation? Kennedy
o Eual potetio iolatio? O’Coo’s ouee
14th amendment requires both marriage licensing and recognition for same-sex couples
o Equal protection clause also guarantees the right of same-sec couples to marry as the denial of
that right would deny same-sex couples under the law
Court Case: Obergefell v. Hodges (5-4)
o FACTS:
Obergefell and James were refused by the state to recognize same-sex marriage on
death certificates
Were legally married in MD in 2013
Groups of same-sex couples sued their relevant agencies in Ohio, Michigan, Kentucky,
and Tennessee to challege the ostitutioalit of those states’ bans on same-sex
marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions
that provided for such marriages
Plaitiffs agued that the states’ statutes iolated the Eual Potetio Clause & Due
Process Clause of the 14th amendment
Singled out/Due Process to be denied a right = equal process
Dignity
State justification
Marriage is good
Kids Nuclear family
o Confusion
o Social experiment
o ISSUE: Does the 14th amendment require a state to license a marriage between 2 people of the
same sex?
Does the 14th amendment require a state to recognize a marriage between 2 people of
the same sex that was legally licensed & performed in another state?
o HOLDING:
Held that the Due Process of the 14th guarantees the right to marry as one of the
fundamental liberties it protects, & that the analysis applies to the same-sex couples in
the same manner as it does to opposite-sex couples
Judicial precedent that the right to marry is a fundamental liberty because it is inherent
to the concept of individual autonomy
It protects the most intimate associations between 2 people, it safeguards
children & families by according legal recognition to building a home & raising
children, & it has historically been recognized as the keystone of social order
o Bc there are no differences with respect to these principles
Held that the 1st amendment protects the rights of religious organizations to adhere to
thei piiples, ut it does’t allow states to deny same-sex couples the right to marry
Court case: United States v. Windsor (5-4)
o FACTS:
The Defese of Maiage At 1996 states that the ods aiage ad spouse
efe to legal uios etee oe a ad oe oa
find more resources at oneclass.com
find more resources at oneclass.com
Unlock document

This preview shows page 1 of the document.
Unlock all 3 pages and 3 million more documents.

Already have an account? Log in

Get access

Grade+20% off
$8 USD/m$10 USD/m
Billed $96 USD annually
Grade+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
40 Verified Answers
Class+
$8 USD/m
Billed $96 USD annually
Class+
Homework Help
Study Guides
Textbook Solutions
Class Notes
Textbook Notes
Booster Class
30 Verified Answers

Related Documents