At stake in these cases is nothing less than our nation's promise of equal protection under the law. The briefs urge the Court to recognize that Proposition 8 and DOMA are rooted in archaic, gender-based stereotypes that make them deserving of heightened scrutiny - and that they are every bit as unconstitutional as laws that discriminate based on sex. Mark Joseph Stern covers courts and the law for Slate. Advertisement Kennedy grounds his opinion in two separate but related provisions of the 14th Amendment: In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way, even as the two Clauses may converge in the identification and definition of the right. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. It had nothing to do with it.
Today, June 26, , the court brought marriage equality to the entire country. For gay rights advocates, the date of the decision is especially notable. If the Supreme Court fails to recognize this and does not find Proposition 8 and DOMA unconstitutional, millions of people may be deprived of the equality they need to live the lives they want and deserve. It would misunderstand these men and women to say they disrespect the idea of marriage. The Supreme Court brought marriage equality to all 50 states. The Due Process Clause and the Equal Protection Clause are connected in a profound way, though they set forth independent principles. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet in some instances each may be instructive as to the meaning and reach of the other. The Constitution grants them that right. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. And the equal protection clause bars the government from singling out a specific group—here, gays—and depriving them of certain rights. It is time for it to recognize that discrimination based on sexual orientation is just as unlawful. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. Supreme Court will hear oral arguments in the first of two cases that could significantly affect same-sex couples in this country. As predicted, the court split 5—4, with Justice Anthony Kennedy writing the majority opinion invalidating the bans. The decision effectively brings marriage equality to every state in America. At stake in these cases is nothing less than our nation's promise of equal protection under the law. But do not celebrate the Constitution. Mark Joseph Stern covers courts and the law for Slate. We have a lot riding on the Supreme Court ruling in these two cases. On June 26, , the court legalized same-sex intimacy , and on June 26, , the court struck down the federal same-sex marriage ban. From the desk of The National Partnership joined with allies in the women's and legal communities to make that argument in two friend-of-the-court briefs filed last month. It had nothing to do with it. There is no resolution of the scrutiny question—that is, whether laws targeting gays must be subject to especially stringent judicial scrutiny.
Video about equal protection and same sex marriage:
Germany: Bundestag passes bill legalising same-sex marriage
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