Abstract
Same-sex marriage is still a hotly debated issue in the US. Some Appellate courts have banned the practice, while the federal courts have endorsed same-sex marriages. The decision of the Supreme Court about the constitutionality of same-sex marriages is expected to bring harmony among all the federal courts and state courts.
Legal Report
- Article Title: Supreme Court agrees to hear same-sex marriage cases
- Date: January 16 2015
- Source: the ABA Journal
Article Summary
The United States Supreme Court agreed to hear four highly debated cases of gay marriages. The question was whether it would be inconsistent with the constitution to prohibit marriages between people of the same sex (Hansen, 2015). Appellate courts in Ohio, Kentucky, Michigan, and Tennessee decided to endorse a ban on same-sex marriages in the four cases on the same. This decision caused a split between federal courts because other courts had overturned bans on the same issue in other cases. The Supreme Court accepted to review the decision of the four courts and a briefing on whether states should accept gay marriages executed in another state.
Analysis
This review was expected by the majority to make history by resolving the two historic cases of United States v Windsor, a case that forced federal courts to accept same-sex marriages, and Hollingsworth v Perry, the case in which California accepted gay marriages (Wallace & Otten, 2014), did not solve. These cases were historical in the matter of same-sex marriages. This Supreme Court case is expected to be the overall case that determines the issue of same-sex marriages in all states by determining whether states have the power to deny people the chance to marry a person of the same sex (Meyer, 2010).
Over the years, the states of America have had different stands on whether or not same-sex marriages should be legalized. Some states have accepted them and courts have made decisions to accept the marriages, while others have banned them. This split in the federal courts has caused the Supreme Court to grant a chance for these cases to be heard and a standard set of all states to end the debates on the issue. The court is expected to make a decision that will provide guidance to other courts in deciding cases in this area and protect the rights of the homosexuals (Mello, 2015).
The move by the Supreme Court is a bold and an important one because it will create uniformity in courts in every state. It will provide a precedent to all states to ensure that homosexuals’ rights will not be violated. It will also prevent a split between federal courts because such a split would cause confusion in the legal system. It will give homosexuals a chance to be heard. The decision will ensure that the issue of same sex marriage is decided without bias because the Supreme Court will interpret the constitutional provision that affects gays without being influenced by beliefs and practices (Schubert, 2015). The court will consider the reasons behind all decisions to either ban or accept same sex marriages. It will determine whether same sex marriages performed in states that allow the practice should also be endorsed in states that prohibit it.
If the Supreme Court rules that the states have no power to ban same sex marriages, then it will eliminate discrimination of the gays and lesbians. As a result, it will bring acceptance of homosexuals among members of all states. It will also bring equality among all gays and lesbians in all states and enable them to live freely in any state. It will also give homosexuals the chance to adopt children or have children through any other acceptable means. Nevertheless, any decision made by the Supreme Court to bring equality among courts will also bring equality among all the people and uniformity in the federal courts.
References
Hansen, M. (2015). Supreme Court agrees to hear same-sex marriage cases. ABA Journal. Web.
Mello, J. (2015). Rights discourse and the mobilization of bias: exploring the institutional dynamics of the same-sex marriage debates in America. In Sarat, A. (Ed.), Studies in law, politics, and society (pp. 1-34). London, UK: Emerald Group Publishing Limited.
Meyer, D. D. (2010). Fragmentation and consolidation in the law of marriage and same-sex relationships. American Journal of Comparative Law, 58, 115-133.
Schubert, F. L. (2015). Introduction to law and the legal system (11th ed.). Boston, MA: Cengage Learning.
Wallace, M. H., & Otten, C. G. (2014). Marriage equality: The ‘states’ of the law post-Windsor and Perry. Loyola University New Orleans College of Law Research Paper No. 2015-01.
