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U.S. Supreme Court Essay
U.S. Supreme Court Research Paper
Under the Constitution of the United States, jurisdiction over local and domestic relations outside federal territories and enclaves is left to the state government. State policies pertaining to domestic relations are; however, subject to the Fourteenth Amendment’s mandates that require the states to preserve the due process of law and the equal protection of citizens by laws (Magstadt, 2017). The modern due process cases provided by the U.S. Supreme Court recognize the constitutional rights to co-habitation and free sexual decisions, both homosexual and heterosexual. This came about after the case of Obergefell v. Hodges that determined that a state must license the marriage between two individuals of the same sex. The vote was quite narrow with a 5-4 majority for the right to protect same-sex unions.
The majority held that the Due Process Clause of the Fourteenth Amendment provides the civil right to marry as one of the most significant citizenship liberties it safeguards, and that clause applies to same-sex marriages as it does for opposite-sex unions. The precedent further stated that the right to marry was inherent to the ideology of personal autonomy. It also protects the intimacy between two people, social order, and the children in same-sex families. However, the Supreme Court also recognized the right of religious institutions to maintain their principles by denying same-sex couples the opportunity to marry as per the First Amendment, which protects the religious rights of individuals. The dissenters, on the other hand, released a statement saying that while same-sex unions are just and good, the U.S. Constitution does not address the issue; hence, it is beyond the jurisdiction of the Court to make a decision whether to legalize it in the states (Obergefell v. Hodges, 2015). Instead, the matter should be left for the state legislatures to choose based on the will of their residents..................GET A PLAGIARISM FREE COPY