5 hours

Rodriguez

1

Diego Rodriguez

Winston Padgett

Government 2305, Sect. 049

Monday, April 14, 2014

Same

Sex

Marriage:

Constitutional and

Cultural

Considerations

Outline

Same sex marriage

-

is a highly controversial topic in the United States. It impacts our

culture

and, in many regards to religious beliefs

I. Why and how the

U.S. Supreme Court has issued two important rulings that opened up room

in

constitutional

jurisprudence for

consideration

of

gay

rights.

A.

Yet the vast majority of other states have ad

opted statutes or

constitutional

amendments

banning

same

-

sex

marriage

.

Do

the

y

right to revolt against government

tyranny and

fight for

their

rights

B. What states approve

of same sex marriage

? Which states deny

same

sex marriage? How has this happen?

II.

In this Article, I argue that an individual who marries in her state of domicile and then

migrates to a mini

-

defense of

marriage

act state has a significant liberty interest under the

Fourteenth Amendment's Due Process Clause in the ongoing existence of he

r

marriage

.

A.

Section

1

ARTICLE IV

“

Full Faith and Credit shall be given in each State to the public Acts,

Records, and judicial Proceedings of every other State. And the Congress may by general Laws

prescribe the Manner in which such Acts, Records, and Pr

oceedings shall be proved, and the

Effect thereof.

”

B

. Courts generally agreed right applies to individuals

C

. Government permitted to

limit some rights of marriage by same sex.

D

. Qu

estions today center around:

What

b

ans

our

enforced

presently on

same sex marriage

?

Should it be

m

andatory

for gays that want marria

ge neutral principle grounded in core Due Process Clause

values: protection of reasonable expectations and of marital and family privacy, respect for

established legal and social practices, and rejection of the idea that a state can sever a legal

family re

lationship merely by operation of

law?

III. Court cases outcome for gay marriages

A.

The article cites a survey on the

constitutional

amendment banning

gay

marriage

in the U.S.

which found that 50% of the American people are in favor of the amendment banning

same

-

sex

marriages

while 47% strongly opposed.

B.

This survey was conducted by Gallup Poll Ltd. conducted on May 8

-

11, 2006. Findings also

revealed that 66% of the Republicans favor the

constitutional

amendment defining

marriage

as a

heterosexual institution while 55% of the Democrats opposed the amendmen

t.

C.

United States v. Windsor, a narrow majority ruled that Section 3 of the Defense of

Marriage

Act, which comprehensively defined "

marriage

" and "spouse" in federal law to exclude

same

-

sex

partners, was unconstitutional.

Rodriguez 1

Diego Rodriguez

Winston Padgett

Government 2305, Sect. 049

Monday, April 14, 2014

Same Sex Marriage: Constitutional and Cultural Considerations Outline

Same sex marriage - is a highly controversial topic in the United States. It impacts our culture

and, in many regards to religious beliefs

I. Why and how the U.S. Supreme Court has issued two important rulings that opened up room

in constitutional jurisprudence for consideration of gay rights.

A. Yet the vast majority of other states have adopted statutes or constitutional amendments

banning same-sex marriage. Do they right to revolt against government tyranny and fight for their rights

B. What states approve of same sex marriage? Which states deny same sex marriage? How has this happen?

II. In this Article, I argue that an individual who marries in her state of domicile and then

migrates to a mini-defense of marriage act state has a significant liberty interest under the

Fourteenth Amendment's Due Process Clause in the ongoing existence of her marriage.

A. Section 1 ARTICLE IV “Full Faith and Credit shall be given in each State to the public Acts,

Records, and judicial Proceedings of every other State. And the Congress may by general Laws

prescribe the Manner in which such Acts, Records, and Proceedings shall be proved, and the

Effect thereof.”

B. Courts generally agreed right applies to individuals

C. Government permitted to limit some rights of marriage by same sex.

D. Questions today center around: What bans our enforced presently on same sex marriage? Should it be

mandatory for gays that want marriage neutral principle grounded in core Due Process Clause

values: protection of reasonable expectations and of marital and family privacy, respect for

established legal and social practices, and rejection of the idea that a state can sever a legal

family relationship merely by operation of law?

III. Court cases outcome for gay marriages

A. The article cites a survey on the constitutional amendment banning gay marriage in the U.S.

which found that 50% of the American people are in favor of the amendment banning same-sex

marriages while 47% strongly opposed.

B. This survey was conducted by Gallup Poll Ltd. conducted on May 8-11, 2006. Findings also

revealed that 66% of the Republicans favor the constitutional amendment defining marriage as a

heterosexual institution while 55% of the Democrats opposed the amendment.

C. United States v. Windsor, a narrow majority ruled that Section 3 of the Defense of Marriage

Act, which comprehensively defined "marriage" and "spouse" in federal law to exclude same-sex

partners, was unconstitutional.