Discussion Response 250 words

Respond to this discussion below in 250 words with one bluebook citation. From a legal standpoint, do you agree or disagree with the ruling? Why or why not? Remember to support your answers. Cite all sources in Bluebook format.

According to Obergefell v. Hodges, they are requesting equal right as married people/couple. They want to be recognized in their home state as a married couple and have the same privileges as a marriage between man and woman. The definition for married couple in the State of Ohio is between a man and a woman, not between same sex partners.

Under Ohio law when one goes to the court house and tries to get a marriage license the requirements are very simple. Not only does it ask for names, birth date and how long a marriage license is valid for (60 days) one of the requirements states for same sex marriages is:

Same Sex Marriages:

No. In November, 2004, voters passed a constitutional amendment to define marriage as a union between one man and one woman. [1]

So what Ohio has done was let the people make the choice and they are the ones who have made it otherwise known that in Ohio same sex marriage will not be recognized. Ohio considers to be a conservative state, they follow what the bible has presented. Like Adam and Eve a marriage between a man and a woman [2]

The Fourteenth Amendment Equal Protection makes reference to the fact that it guarantees the same rights and the same protection under the law for all men and women, no matter what the race, rich or poor, citizen, or even gay.

The Defense and Marriage Act (DOMA), the law barring the federal government from recognizing same-sex marriages legalized by the states, is unconstitutional. According to Justice Anthony Kennedy he states, “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity,” The court majority ruled that “the decision to grant same sex couples the right to marry is “of immense import. It has used is historic and essential authority to define the marital relation in this way, its role and its power in making the decision enhanced the recognition, dignity, and protection of the class in their own community. So for my understanding, same sex couples just want what man and women couples want. To be able to use the same health care, adopt children, etc. and to have the same federal benefits and protections.

According to the 5th Amendment, “No person shall be deprived of life, liberty, or property, without due process of law.” Even though marriage is between a man and a woman, same sex couple feel they are treated less worthy. When this was written, there was no issue brought up about same sex marriages until recently when they were denied some of their federal benefits and protections. What we knew in the 20th century has changed a lot in the 21st century.

The court has ruled that, “”the federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.” As a result of the court’s decision, same-sex marriages will now be entitled to all federal benefits that heterosexual marriages already enjoy including tax breaks and insurance for government employees, to couples in D.C. and the 13 states that recognize same-sex marriage. [3]

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