1. UNIT VI – THE U.S. CONGRESS (12), & LGBT RIGHTS PART 1 – LGBT RIGHTS Advanced Placement ® American Government and Politics

2. DOES THE U.S. CONSTITUTION PROTECT THE RIGHT OF SAME-SEX PARTNERS TO LEGALLY MARRY? SHOULD SAME-SEX MARRIAGE BE LEGAL? Same-Sex Marriage and the U.S. Political System

3. Fourteenth Amendment (1868) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

4. LGBT ISSUES AND THE U.S. POLITICAL SYSTEM The constitution’s right to privacy

5. A Constitutional “Right to Privacy”? Connecticut law banned the use or encouragement of contraception. U.S. Supreme Court ruled that Constitution guarantees a “right to privacy,” especially in intimate aspects of marriage, procreation, contraception, family relationships, and child rearing. Struck down Connecticut anti-contraception law. Griswold v. Connecticut (1965) Estelle Griswold, director of Connecticut Planned Parenthood

6. A Constitutional “Right to Privacy”? Ruling based on constitutional right to privacy States forbidden from completely outlawing abortion Roe v. Wade (1973) Norma McCorvey (a.k.a. “Jane Roe”)

7. Anti-“Sodomy” Laws Georgia anti-sodomy law “Right to privacy” protects intimate aspects of marriage, procreation, contraception, family relationships, and child rearing but does not protect sexual relations between gay partners because "no connection between family, marriage, or procreation… and homosexual activity… has been demonstrated.” Bowers v. Hardwick (1986)

8. Anti-“Sodomy” Laws Texas anti-sodomy laws Overturned ruling in Bowers v. Hardwick. Intimate sexual relations – including between same-sex partners – protected by the right to privacy. Lawrence v. Texas (2003)

9. LGBT ISSUES AND THE U.S. POLITICAL SYSTEM U.S. Military Policy

10. Don’t Ask, Don’t Tell (1993) Repealed in 2010

11. LGBT ISSUES AND THE U.S. POLITICAL SYSTEM Employment discrimination

13. Employment Non-Discrimination Act (ENDA) Passed by Democratic- controlled U.S. Senate in November 2013 Pending in Republican-led U.S. House of Representatives

14. LGBT ISSUES AND THE U.S. POLITICAL SYSTEM Same-sex Marriage

15. Same-Sex Unions and Marriages Worldwide Source: CQ Researcher, 2013

16. State Policies on Same-Sex Marriage Over Time Source: Pew Center

17. States with Same-Sex Marriage Prohibitions, March 2015

18. United States v. Windsor (2013) Defense of Marriage Act (DOMA) (1996):  Federal government would not recognize same-sex marriage for the purpose of federal programs (section 3)  State governments could refuse to recognize same-sex marriages from other states Same-Sex Marriage and the Supreme Court

19. United States v. Windsor (2013) Section 3 of Defense of Marriage Act (DOMA) (1996) struck down as a violation of the Equal Protection Clause of the 14 th Amendment and the principle of federalism Same-Sex Marriage and the Supreme Court

20. Hollingsworth v. Perry (2013) May 2008: California Supreme Court declares same-sex marriage ban violates state constitution November 2008: Californians approve Proposition 8, amending the state constitution to make same-sex marriage illegal Same-Sex Marriage and the Supreme Court

21. Hollingsworth v. Perry (2013) 2010: Federal district court declares California same-sex marriage ban a violation of the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. 2012: Federal appeals court upholds district court decision. Same-Sex Marriage and the Supreme Court

22. Hollingsworth v. Perry (2013) June 2013: U.S. Supreme Court rules that the same- sex marriage ban defenders had no legal standing in the case, so the Court did not rule on the merits of the case Same-sex marriages resume in California. Same-Sex Marriage and the Supreme Court

23. Hollingsworth v. Perry (2013) June 2013 to March 2015: Federal courts in numerous states strike down same-sex marriage prohibitions on Fourteenth Amendment grounds. Same-Sex Marriage and the Supreme Court

24. State Policies on Same-Sex Marriage Over Time Source: Pew Center

25. Attitudes Toward Same-Sex Marriage, 2001-2013 Source: Pew Center

26. Attitudes Toward Same-Sex Marriage by Ideology, 2001-2013 Source: Pew Center

28. Issue: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out- of-state? Obergefell v. Hodges The last great hurdle???