Controversy gay marriage essay

In 2015, the Mexican Supreme Court issued a ruling making it much easier for gay and lesbian couples to wed. The decision gave same-sex couples the right to seek a court injunction against state laws banning gay marriage; although it did not technically legalize same-sex unions nationwide, it was a major step in that direction. Mexico’s Supreme Court also issued a ruling in favor of same-sex marriage in 2010, saying that same-sex marriages performed in Mexico City were valid and that they must be accepted throughout the country (Mexico City had legalized gay marriage in December 2009). Since 2011, the southern Mexican state of Quintana Roo also has allowed gay marriages. In 2014, the congress of the northern state of Coahuila approved same-sex marriage, and in 2015, neighboring Chihuahua followed suit.

In 2013, in United States v Windsor , the Court invalidated a provision of the Defense of Marriage Act (DOMA) on the grounds that it violated the equal protection principles embodied in the Due Process Clause of the Fifth Amendment.  In a 5 to 4 decision by Justice Kennedy, the Court said "careful consideration" had to be given to "discriminations of unusual character."  That, coupled with the deference that the federal government owes states with respect to how they define marriage, led to striking down the federal law that did not recognize same-sex marriage for federal purposes (, joint filing of a tax return) even when a couple was lawfully married under state law.  In dissent, Scalia suggested that the decision would soon lead to another declaring state bans on same-sex marriage unconstitutional, and argued the matter was better left to the states to decide.

Controversy gay marriage essay

controversy gay marriage essay


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