Legal Backgrounder. As the California and Iowa rulings suggest, while the gay marriage controversy has many elements, including disagreements over religious and social norms, much of the debate is a legal one. Indeed, it was a Massachusetts high court decision legalizing same-sex marriage that elevated the issue onto the national stage, where it has remained ever since. Since , courts in a number of states have handed victories to both opponents and supporters of gay marriage.
The Constitutional Dimensions of the Same-Sex Marriage Debate
Gay Rights and the Constitution
Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide
Lyle Denniston, the National Constitution Center constitutional literacy adviser, explains why the Supreme Court will be drawn into the post- Obergefell controversy over claims of religious freedom and continuing claims of discrimination against gays, lesbians and bisexual and transgender people. In politics, every action has its predictable overreaction…. And now Obergefell v. Hodges has led to HB
The issue: Does the Constitution protect homosexual conduct? What limitations does the Constitution place on ability of states to treat people differently because of their sexual orientation? The Court first considered the matter in the case of Bowers v Hardwick , a challenge to a Georgia law authorizing criminal penalties for persons found guilty of sodomy. Although the Georgia law applied both to heterosexual and homosexual sodomy, the Supreme Court chose to consider only the constitutionality of applying the law to homosexual sodomy.