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Diversity, Equity & Inclusion Committee Chairs: KatariBuck – AsiaticoLawLLC & TimMartin – MartinLawOffice, P. A.
Introduction: The Fragility of Marriage Equality in Constitutional Law
Since Obergefell v. Hodges, 1 the recognition of same-sex marriage has been enshrined as a fundamental right under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Yet, the legal permanence of marriage equality is not immune to challenge, especially in the wake of the U. S. Supreme Court’ s recent willingness to overturn long-established precedents, including those grounded in substantive due process. This article explores the constitutional underpinnings of marriage equality, the risks presented by potential legal reversals, and the critical documents same-sex couples should implement to secure their rights.
Constitutional Underpinnings and Precedent
The federal Defense of Marriage Act( DOMA) 2 explicitly denied federal recognition to same-sex marriages and allowed states to refuse recognition of such marriages performed elsewhere. This statute was partially invalidated in United States v. Windsor, 3 where the Court ruled that DOMA’ s Section 3 violated the Fifth Amendment by demeaning lawful same-sex unions.
legaladvisorsshould encouragelgBtq + clients toprepareforpotential legalreversalswith comprehensiveestate plansandenforceable relationshipagreements.
Obergefell followed, striking down all state-level bans and recognizing marriage as a fundamental liberty. The Court’ s opinion emphasized that the denial of marriage rights to same-sex couples violated both substantive liberty and equal protection principles. These dual bases theoretically strengthen the decision’ s foundation, but they do not make it impervious to judicial reversal.
In Dobbs v. Jackson Women’ s Health Organization, 4 the Court overruled Roe v. Wade, 5 expressly rejecting the view that a
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Attorneys Needed for HCBA Lawyer Referral Service
The HCBA would like to extend an invitation to all attorneys to join the HCBA’ s Lawyer Referral Service. Bilingual attorneys are especially in need as the local Spanish-speaking population is underserved in the following practice areas: probate, consumer protection, immigration, landlord / tenant and business.
To learn more and to join the HCBA’ s Lawyer Referral Service, visit www. hillsbar. com / page / JoinLRIS..
Contact Lupe Vazquez-Mitcham at 813 221-7783 or lupe @ hillsbar. com for further information.
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