Lorrin Evert 5th Period Forensics Obergefell Vs. hodges Lorrin Evert 5th Period Forensics

Obergefell vs. Hodges is said to challenge the X Amendment rights of both the states and the people Brought forth to the Supreme Court, the XIV Amendment allowed for gay marriage to be allowed nationwide Obergefell overturned Baker v. Nelson, a case brought to Supreme Court level in 1972 Details about the Case

Word for word, the X Amendment reads: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Simply put, the powers not given to the National Government is set aside for the States and their citizens. What most people question is if the National Government has the right to declare any kind of ruling over the matter of marriage, given that before, it was a State right. What is the X amendment?

Cases leading to the overturn DeBoer v. Snyder- Michigan ban on adoption by same-sex couples wouldn’t allow joint adoption for the children. Obergefell v. Kasich- Ohio failed to comply to the Full Faith and Credit Clause (Article IV, Section I) which two men legally married outside of the state. Tanco v. Haslam- Tennessee would not put both parent’s names onto birth certificates. Cases leading to the overturn

Full Faith and Credit Clause Article IV, Section 1 reads: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. This very clause is of good defense for most of these cases, but most note that the XVI Amendment is responsible for allowing same-sex marriage to be legal. Full Faith and Credit Clause

Several people challenge this ruling as a violation of the X Amendment, however, allowing Nationwide gay marriage helps many families out. Adopted children can have both loving parents take care of them and more can be taken into good homes. Recognition can keep States from denying a valid marriage from the other States. People don’t need to go out of State just to be married to someone they love. Does it hold up?

Negative responses