14th Amendment and Same-Sex Marriage Rights

What does Section 1 of the 14th Amendment establish regarding citizenship?

All persons born or naturalized in the United States are citizens of the United States and the State wherein they reside.

What protections does the 14th Amendment provide to citizens?

No State shall abridge the privileges or immunities of citizens, deprive any person of life, liberty, or property without due process, or deny equal protection of the laws.

What legal concept is associated with the right to privacy in relation to same-sex couples?

Substantive due process and fundamental rights.

What was the significance of Bowers v. Hardwick (1986)?

It was a Supreme Court case that upheld the constitutionality of a Georgia sodomy law, limiting the rights of same-sex couples.

What was the outcome of Lawrence v. Texas (2003)?

The Supreme Court struck down sodomy laws, affirming that the right to liberty under the Due Process Clause allows individuals to engage in private conduct without government intervention.

What was the Defense of Marriage Act (DOMA) of 1996?

A federal law that defined marriage as the union between one man and one woman, denying federal recognition of same-sex marriages.

What was the ruling in U.S. v. Windsor (2013)?

The Supreme Court ruled that DOMA was unconstitutional as it violated principles of due process and equal protection.

What does the 5th Amendment protect against?

It protects against being held for a capital crime without a Grand Jury indictment, double jeopardy, self-incrimination, and deprivation of life, liberty, or property without due process.

How did the Supreme Court view DOMA in relation to the protection of same-sex couples?

The Court found that DOMA violated basic due process and equal protection principles applicable to the Federal Government.

What was the significance of Obergefell v. Hodges (2015)?

The Supreme Court ruled that same-sex marriage is a fundamental right protected by the 14th Amendment.

What legal doctrines were cited in Obergefell v. Hodges?

The ruling was primarily rooted in the 14th Amendment's liberty clause and justified by the equal protection clause.

What is considered a fundamental right according to the ruling in Obergefell v. Hodges?

Marriage is considered a fundamental right.

What does the term 'substantive due process' refer to?

It refers to the constitutional doctrine that protects certain fundamental rights from government interference.

What was the impact of the 14th Amendment on state laws regarding marriage?

It requires states to provide equal protection and due process, influencing the legality of same-sex marriage.

What does the equal protection clause of the 14th Amendment ensure?

It ensures that no state shall deny any person within its jurisdiction the equal protection of the laws.

What does 'due process of law' entail according to the 14th Amendment?

It entails that no person shall be deprived of life, liberty, or property without fair legal procedures.

What is the relationship between the 14th Amendment and same-sex marriage?

The 14th Amendment's liberty and equal protection clauses were used to argue for the legalization of same-sex marriage.

How does the 14th Amendment relate to the rights of individuals?

It guarantees citizenship and protects individual rights from state infringement.

What was the legal basis for challenging DOMA?

The legal basis was rooted in the principles of due process and equal protection under the law.