Same Sex Marriage Law Case - 2813 Words

Running head: SAME-SEX MARRIAGE LAW 1. SAME-SEX MARRIAGE LAW 13. Comprehensive Exam Capstone LS 602 Sherron Chatman Kaplan University Same-Sex Marriage Law Introduction Same-Sex couples have had a long battle in obtaining the right to marry. Some battles fought ended in victory, others in defeat. In the end, same-sex couples would win a major victory that would end the fight forever. This paper will review some of the battles that led to the Supreme Court decision that gave same-Sex couples the same legal rights to marry as opposite-sex couples and†¦show more content†¦291 Minn. 310 Supreme Court of Minnesota. Richard John BAKER et al., Appellants, v. Gerald NELSON, Clerk of Hennepin County District Court, Respondent. No. 43009. Oct. 15, 1971. Mandamus proceeding by applicants for marriage license. The District Court, Hennepin County, Tom Bergin, J., ruled that clerk of county district court was not required to issue marriage license to applicants who were of the same sex and specifically directed that license not be issued to them, and appeal was taken. The Supreme Court, Peterson, J., held that statute governing marriage does not authorize marriage between persons of the same sex, and such marriages are accordingly prohibited, and that such statute does not offend the First, Eighth, Ninth or Fourteenth Amendments to the United States Constitution. Affirmed (Baker, 1971). Baker v. Nelson, the beginning of the same-sex debate for the next 45yr, would be used in other states as precedent to block efforts at marriage equality. There would be many victories and some bitter defeats for proponents of same-sex marriage, but in the end, they would prevail. In 1971, The San Francisco Chronicle declared that a gay marriage boom was under way. In the first few years of that decade, The New York limes, Life Same-Sex Marriage Laws magazine, Jet, and other periodicals ran feature articles about a handful of couples who launched America s firstShow MoreRelatedChanges Law Of Same Sex Marriage1624 Words   |  7 PagesChanges Law of Same Sex â€Æ' The issue of gay marriage has been with a great deal of civil argument. Many people have taken stands that favour their position on the issue of same sex marriage. The reasons given against same sex marriage are that they are not according to the social norms and practices. They also state that they are not likely to hold. The position held by others that same sex marriage should be allowed states that those who want to practice should not be interfered with. Too manyRead MoreThe Amendment Of Same Sex Marriage1441 Words   |  6 Pagesallow same sex couples to marry or have a marriage license. The Fourteenth Amendment talks about the right for Due Process. The Fourteenth Amendment protects privacy rights. Obergefell vs Hodges talks about same sex marriage. Some states did not want to give marriage licenses to the same sex and that was part of the issue in Obergefell versus Hodges. In the 1980s, it was hard to be gay or lesbian. It was considered criminal in some states. The Fourteenth Amendment does support the case of same sexRead More Gay, Lesbian and Bisexual Issues - Same-sex Marriage is Inevitable1170 Words   |  5 PagesSame-sex Marriage is Inevitable      Ã‚  Ã‚   For many parents, the marriage of their child is a very happy and proud time. Most parents expect their children to get married and have children. But what if their child is gay or lesbian? Their child may have met the perfect person to spend their life with, but their child cannot get legally married. Same-sex couples can hold wedding ceremonies, but the law does not recognize these unions. Many heterosexuals take for granted the benefits that are extendedRead MoreMarriage Law : The Legal Union Of A Couple As Spouses1642 Words   |  7 PagesMarriage is defined as the legal union of a couple as spouses. The elements of marriage include: (1) the parties legal ability to marry each other, (2) mutual consent of the parties and (3) a marriage contract as required by law. (Legal Information Institute, 2014, n.d.). In the United States, marriage law is regulated by the individual state. Standards such as age, residency, relation, mental capacity, and gender are requirements regulated on a state-by-state basis. Until recent changes, the DefenseRead MoreShould Gay Marriage Be Recognized?1692 Words   |  7 PagesKrisha McCoy Final Paper August 25, 2014 SHOULD GAY MARRIAGES BE RECOGNIZED ACROSS STATES There are many debates going on about whether gay-marriage should be recognized by all United States. Why is it that some states ban gay-marriage but others allow it? Why is it that some states declare that a ban on gay-marriage is unconstitutional yet others say it is not? Why is it that some states recognize gay-marriages from other states but others do not? These are some questions thatRead MoreThe Legalization Of Same Sex Marriage1411 Words   |  6 Pagesproposead legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequencesRead MoreConscientious Obj ections to Same-Sex Marriage1460 Words   |  6 PagesTopic: Conscientious Objections to Same-Sex Marriage: A Comparative Research Study of Scotland in United Kingdom and State of New York City in United States of America Part A: Methods of Research: The research on conscientious objection to same-sex marriage was carried out using mostly primary sources such as Scotland and State of New York Laws, this include constitution and laws enacted by the New York State Assembly and Scottish Parliament. Also past cases and accompanying judicial opinionsRead MoreThe Against Gay Marriage : Racism Or Proverb1737 Words   |  7 Pages Opposition to Gay Marriage: Racism or Proverb Racism is the belief that all members of each race possess characteristics or abilities specific to that race, especially so as to distinguish it as inferior or superior to another race or races. But discrimination is a treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category. Is the opposition to gay marriage an act of racism, discrimination or truth? Homosexuality andRead MoreThe Controversial Issue Of Homosexuality992 Words   |  4 Pagessociety will view and treat homosexuals. Especially considering gay marriage, whether individuals will support or oppose same sex marriage. However, before same-sex marriage was recognized and states legalized it all across the country. Initially the issue of homosexuality gradually escalated, causing states to reconsider and derailed from the fourteenth amendment, which acknowledges equal protection and due process to the laws under the constitution. Some states decided to take action into theirRead MoreThe Debate Over The Legalization Of Same Sex Marriage1264 Words   |  6 Pageshave come into contest with more liberal values. One of the most prevalent examples of this is the ongoing debate over the legalization of same-sex marriage within America. In the article â€Å"Supreme Court should make gay marriage a national right† by the editorial staff at the Boston Globe, the importance of the upcoming Supreme Court ruling on same sex marriage was stressed because it is a topic that has been dodged thus far. While numerous federal circuit courts have ruled on this issue, some in favor