Kennedy wrote for the majority in the historic decision. In forming a marital union, two people become something greater than once they were. The decision, which was the culmination of decades of litigation and activism, set off jubilation and tearful embraces across the countrythe first same-sex marriages in several states, and resistance — or at least stalling — in others.
What limitations does the Constitution place on ability of states to treat people differently because of their sexual orientation? The Court first considered the matter in the case of Bowers v Hardwicka challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. Although the Georgia law applied both to heterosexual and homosexual sodomy, the Supreme Court chose to consider only the constitutionality of applying the law to homosexual sodomy.
T he Constitution provides no citizen of any gender or orientation a Constitutional right to marriage. The Constitution is silent on the issue of marriage. It is not mentioned, and therefore it is not a power delegated to the federal government to regulate.
A growing number of governments around the world are considering whether to grant legal recognition to same-sex marriages. So far, 30 countries and territories have enacted national laws allowing gays and lesbians to marry, mostly in Europe and the Americas. In Mexico, some jurisdictions allow same-sex couples to wed, while others do not.
The first line of the U. Hodges, on the legality of same-sex marriage in the United States, is as breathtaking as it is legalistic. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.
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Lyle Denniston, the National Constitution Center constitutional literacy adviser, explains why the Supreme Court will be drawn into the post- Obergefell controversy over claims of religious freedom and continuing claims of discrimination against gays, lesbians and bisexual and transgender people. In politics, every action has its predictable overreaction…. And now Obergefell v.
The untold story of the improbable campaign that finally tipped the U. Supreme Court. The county clerk, Gerald Nelson, refused to give it to them.
Chat with us in Facebook Messenger. Find out what's happening in the world as it unfolds. Photos: Same-sex marriage in the U.