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Commonly referenced U.S. Supreme Court court cases in the same sex marriage debate
written by: admin

Date Written: 2/16/12 Last Updated: 9/24/18

Lawrence v. Texas (2003)

Court rules that private consensual acts are a protected liberty.

Baker v. Nelson (1972)

Minnesota Supreme Court rules that marriage as defined as the union of one man and one woman does not violate the First, Eighth, Ninth, and Fourteenth amendments.  

The U.S. Supreme court declined to hear an appeal to this case and in doing so established the Baker v. Nelson ruling as precedent.

Loving v. Virginia (1967)

Court rules that Virginia's law banning whites from marrying someone other than another white person violates the equal protection and due process clauses of the 14th amendment.  It ruled that denying someone of the right to marry the person of their choice violates the due process clause and since the law only applied to white people it violated the equal protection clause.

The misconception here is that Virginia's law applied to everyone equally, which is not true.  This misconception comes from a misunderstanding of history, which is easily rectified by reading the Loving v. Virginia case.

It is believed that homosexuals are specifically targeted since it is only homosexuals who are not allowed to marry.  The truth is that homosexuals are allowed to marry and have been throughout history and today.  What homosexual activists want is to marry someone of the same sex, which requires a definition of marriage.

The problem is not whether homosexuals are allowed to marry and never was.  It is about the definition of marriage and giving government legitimacy to their behavior.  The next step is to ban any dissenting viewpoints.  After that the next step is to discriminate against anyone that does not openly support the homosexual viewpoint.

Romer v. Evans (1996)

Colorado state supreme court and the U.S. Supreme Court rule that the law passed by the legislature that prevented any law from being made that prevented same sex attracted people in that state from being recognized as a protected class could not pass strict scrutiny or rational basis and was obviously based on animus since it only applied to one group of people.

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