ipl-logo

SCOTUS Argument Against Gay Marriage

1022 Words5 Pages

In late 2012 a gay couple made up of Charlie Craig and David Mullins walked into Masterpiece Cake Shop in Lakewood Colorado with Craig’s mother and a binder of wedding ideas as well as an optimistic attitude. According to the couple when they walked in and asked the baker, Mr. Jack Phillips for a wedding cake following that he asked who it was for. The couple reported that after they said it was for them he denied them a cake because of his religious views which condemn same-sex marriage. The baker did add that he offered them anything else in his shop just not something that would make a “statement” against his beliefs. Now, because of this incident the 7 year anniversary from the time they met was spent in court on December 5th 2017. This …show more content…

Should a craftsmen be able to discriminate against a same sex couple if their faith condemns gay marriage? That is the topic of the debate. The case’s intricacy comes from the fact that ruling in favor of the baker could open the floodgates to many forms of discrimination against many different types of people if someone’s interpretation of the bible condemns that person’s race, sexual orientation, as well as many other characteristics that make humans unique. For that reason justices may change their opinion and vote for the gay couple, but another strong counter argument can be made there as well. The argument being that according to the First Amendment citizens of the United States are granted with freedom of religion and arguably when he denied the couple a wedding cake Jack Phillips was exercising his amendment protected religion. While 4 justices vote for the baker and four against him the deciding vote comes from the 84 year old judge, Justice Anthony McLeod

Show More
Related

  • Satire Essay On Gay Marriage

    589 Words  | 3 Pages

    Brandon Woody English 3604-201 Dr. Reginald Martin 7/9/2015 Uproar Over Marriage Equality June 26th, 2015 was a monumental day for the LGBT community due to the Supreme Court of the United States deciding that preventing gay couples from getting married was unconstitutional, consequently legalizing same sex marriage in all 50 states. The response to the SCOTUS?s decision has been mixed, with supporters expressing elation to detractors displaying disappointment and anger in response to the ruling. Although I wouldn?t describe myself to be elated when news of the legalization of gay marriage was revealed, I am in support of the decision the Supreme Court handed down. I consider myself a supporter of the Supreme Court?s decision for the following reasons: the United States has long been a global leader on social issues; legislation in the modern era shouldn?t be based upon the rules included in archaic religious texts, and there are far greater issues that deserve the

    Read More

  • Obergefell Vs. Hodges: Supreme Court Case Study

    168 Words  | 1 Pages

    Obergefell v. Hodges is most popularly referred to as the Supreme Court case for same-sex marriage. It is one of the many cases related to the topic of same-sex marriage being a constitutional right. In this specific case James Obergefell and John Arthur filed a lawsuit against the state of Ohio to allow the state to recognize their marriage on death certificates. Obergefell and Arthur were married on the tarmac of the Baltimore-Washington International Airport in Maryland by Arthur’s aunt, Paulette Roberts, on July 11, 2013. Sadly, Arthur died from amyotrophic lateral sclerosis (ALS) just months into their marriage on October 22, 2013.

    Read More

  • Supreme Court Case: Bowers V. Hardwick (1986)

    682 Words  | 3 Pages

    Karina Dyal PHIL 340: Ethics and Law Legal Brief Assignment—Lawrence v. Texas 04/01/17 Case: Bowers v. Hardwick (1986) Facts: Oral and anal sex between two individuals from the same gender was deemed illegal—implemented through a Georgia statute. Hardwick who was an adult male, was charged in 1982 for violating the statute by engaging in sexual activities with another male in his home. The case was not pursued by the District Attorney, who also decided to not have the case presented before a grand jury. Hardwick went to the federal district court where he questioned the statute’s constitutionality. Issue: Does the U.S. Constitution give homosexual individuals the fundamental right to have sexual intercourse, and therefore renders the laws

    Read More

  • Case Study: Obergefell Vs. Hodges

    1334 Words  | 6 Pages

    The case looks to the Equal Protection Clause and the Due Process Clause to determine whether same-sex couples have the right to marry, and whether the right to same-sex marriage is a fundamental right. The case was decided and the judges ruled in a 5-4 majority that it is Unconstitutional for states to deny same-sex couples the right to marry, or to refuse to recognize same-sex marriages that were performed out-of-state. Justices that voted in favor of the decision are Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan. The dissenting Justices are Roberts, Scalia, Thomas, and

    Read More

  • Petitioner Bridges Case

    913 Words  | 4 Pages

    The RFRA prohibits the government from substantially burdening religious free exercise unless it must do so to further a compelling government interest. Hobby Lobby vs. Burwell referenced RFRA, as the corporation believed that the health-insurance coverage they were mandated to provide to their employers violated “their sincerely held religious beliefs.” (Hobby Lobby, 1). Hobby Lobby is a family-owned corporation that believes that providing contraception is morally wrong. Similarly, Bridges, the sole owner of the Paradise Found corporation, subscribes to a religion of which a primary tenet is that polygynous marriage, specifically marriage of one man to multiple women, is a mechanism of expressing strongly held religious convictions.

    Read More

  • Bowers V Hardwick Case Brief

    669 Words  | 3 Pages

    John and Mary Doe, a heterosexual married couple were also plaintiffs in the action. Michael Joseph Bowers, the Attorney General of Georgia was the appellee. Decision: The Court’s decision is that the statute did not violate the Respondent’s fundamental rights. Because, despite the consensual homosexual sodomy was committed to private, sodomy was still a criminal offense which was proscribed by the States’ law. The act of sodomy was not protected by any constitutional law.

    Read More

  • 14th Amendment Pros And Cons

    998 Words  | 4 Pages

    The Supreme Court granted a certiorari to answer the question if the rulings for other cases against homosexual’s equality had gone against the fourteenth amendment, if Bowers vs Hardwick should be overturned, and if homosexuals should have privacy in their own

    Read More

  • Dred Scott V. Sandford's Case In The History Of The Supreme Court

    1559 Words  | 7 Pages

    The Supreme Court did something out of character. In the midst of all this uncertainty, they took Scott v. Sandford and decided to make a ruling on this controversial issue (Pearson Education

    Read More

  • Obergefell V. Hodges (2005)

    2137 Words  | 9 Pages

    Hodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial

    Read More

  • Procedural Due Process

    366 Words  | 2 Pages

    Brian Short v. State of Florida The main issue in this case is whether the State of Florida violated procedural due process by depriving individuals of their basic constitutional rights by not allowing marriage of shorted individuals. This is a due process case. Due process is covered in the 14th Amendment Section 1.

    Read More

  • Al. V. Hodges Supreme Court Case Study

    2162 Words  | 9 Pages

    In the majority opinion written on the Obergefell et al. v. Hodges Supreme Court case on June 26, 2015, the court decided that states were required to issue marriage licenses to same-sex couples as well as recognize such licenses from other states on the basis of the Fourteenth Amendment. This decision held wide ramifications for policy implementation throughout the nation, especially in those states that had not already legalized same-sex marriage. This unilateral action by the federal government created a complicated responsibility for state and local governments to integrate the broad new legal proceedings effectively. The problems that arise in the local governments following such federal decisions challenge the nation’s federalist system,

    Read More

  • Loving V. Virginia

    1167 Words  | 5 Pages

    It provides an example of how certain rights should be exemplified, and it shows which rights are the most important and concerning. Today, this court case has inspired people to have the freedom to choose any marriage partner that they love. This translates over into the right for gay people to

    Read More

  • Gay Rights Vs. The Civil Rights Movement

    902 Words  | 4 Pages

    In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.

    Read More

  • Wedding Cake Analysis

    945 Words  | 4 Pages

    In the Bible homosexuality is wrong and the baker doesn 't want to be associated with gay people because God “said” being gay is bad. If you look at it from this standpoint, the baker’s discrimination is justified because he is only doing his duty by obeying

    Read More

  • Gay Marriage Persuasive Research Paper Outline

    1612 Words  | 7 Pages

    Joey Cho Mrs. Middleton English 10 17 October 2016 Persuasive Research Essay Outline Introduction LGBT/ same-sex marriage is one of the most heated and controversial debates in our current society. Unlike the past thousands of years whereas marriage was defined as a legal union between a man and a woman, now the concept of marriage has been extended to a broader context. “Homosexuality” in most cultures is viewed as a disgrace, and it is often considered as a great sin from a religious aspect.

    Read More

More about SCOTUS Argument Against Gay Marriage

Open Document