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A Constitutional Issue: Gay Marriage

A Constitutional Issue: Gay Marriage

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A Constitutional Issue: Gay Marriage

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  1. A Constitutional Issue:Gay Marriage Debating the constitutionality of a gay marriage ban…

  2. Why do the states decide? Because there is nothing mentioned in the Constitution about marriage laws… it becomes a state issue. In order for it to be a federal issue and apply to the entire nation, what needs to happen?

  3. History of marriage laws… “That intermarriage between negroes or persons of color and Caucasians or any other character of persons within the United States or any territory under their jurisdiction, is forever prohibited; and the term "negro or person of color," as here employed, shall be held to mean any and all persons of African descent or having any trace of African or negro blood.” First proposed amendment to the Constitution regarding marriage (1912): How does this make you feel?

  4. History of marriage laws… Loving v. Virginia(1967):

  5. History of marriage laws…

  6. History of marriage laws…

  7. History of marriage laws…

  8. 2004- Massachusetts 2013- Hawaii 2008- Connecticut 2013- Minnesota 2009- Iowa 2013- Rhode Island 2009 Vermont 2013- Maryland 2010- New Hampshire 2013- Utah* 2010- Washington DC 2014- Illinois 2011-New York 2012-Maine *pending appeal by state 2012- Washington 2013- California 2013- New Jersey 2013- New Mexico 2013- Delaware Gay Marriage in the US…

  9. Both Sides of the Argument: AGAINST: Religion 2. “Slippery Slope” 3. “Unnatural” family results 4. Privilege not a right, making a choice FOR: Equality 2. Entitled to benefits 3. A civil/human right 4. Religion & Gov’t separate

  10. "I believe that marriage is between a man and a woman. For me, as a Christian, it is also a sacred union. You know, God's in the mix." Aug. 18, 2008 Barack Obama “I have to tell you that over the course of several years as I have talked to friends and family and neighbors when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don’t Ask Don’t Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I’ve just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married.” May 9, 2012 Barack Obama The President’s View:

  11. 1. Anyone born on US soil is granted citizenship. 2. No state can deny a citizen the full privileges of being a citizen. The Constitutional Issue: 3. Guarantees “due process”, which means states cannot pass unfair or arbitrary laws 4. Equal Protection Clause: states cannot discriminate against certain groups of people

  12. Defense of Marriage Act (1996) US v. Windsor (2013) The Fight in Court: Read the article provided and answer the questions about DOMA and the case that challenged its constitutionality.