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Elisabeth Morrill

Shannon Freestone

US Government

14 November 2016

14th Amendment- LGBT+ Rights

The 14th amendment guarantees all US citizens the same rights and equal protection

under the law. A contemporary issue surrounding this amendment is LGBT+ rights. Since the

1900s cases concerning LGBT rights have been sent in front of the Supreme Court. The push to

get equal rights and protection for all those on the LGBT+ spectrum is huge. But does the

constitution allow for this? Yes, of course it does. The 14th amendment gives equal rights and

protection to all US citizens. Be it engaging in consensual homosexual acts, joining the Boy

Scouts, or getting married to someone of the same sex.

Bowers v. Hardwick.

The 14th amendment gives all citizens the same rights and the 4th amendment gives all

citizens the right to privacy. This should automatically extend to everyone on the LGBT

spectrum without question. In 1986 Michael Hardwick was seen engaging in homosexual sexual

acts with another consenting adult in his apartment. He was charged with violating a Georgia law

that outlawed sexual activities between members of the same sex. The case was brought to the

Supreme Court and the court decided that Hardwick was in the wrong. This decision meant that

constitutional protection and rights did not extend to homosexuals and that the states could make
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laws against members of the LGBT community. This decision is unconstitutional. The decision

in this case was extremely devastating to the LGBT community.

Boy Scouts of America v. Dale.

In the year 2000 James Dale, a member of the Boy Scouts, was found out to be

homosexual and an activist of LGBT rights. The Boy Scouts took away his membership and

Dale argued that by taking away his membership based on his homosexuality, the Boy Scouts

were violating the New Jersey law that discrimination based on sexual orientation was

prohibited. The case was taken before the Supreme Court and the court decided in the Boy

Scouts favor. The ruling gave the Boy Scouts the constitutional right to reject members based on

homosexuality. The decision should be considered unconstitutional because it is not giving all

citizens equal rights and protection. It is also allowing organizations to deny people based on

sexual orientation which is unconstitutional. This is another extremely devastating decision for

the LGBT community.

Obergefell v. Hodges.

In 2015 same sex couples were fed up with states banning them from getting married or

refusing to recognize their marriage. They argued that the states laws violated the Equal

Protection Clause and Due Process Clause of the 14th amendment. The case was brought in front

of the Supreme Court and the court decided in favor of the same sex couples for once. The

decision recognized that the right to get married is a basic right of all citizens. It should be no

different for a same sex couple to get married than for a traditional couple to get married. That is

why denying same sex couples the right to get married is unconstitutional. The court decision

required states to allow same sex couples to get married and to recognize same sex marriages
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that were licensed and performed in other states. This was one time that the Supreme Court made

a decision in favor of members of the LGBT community that was constitutional. The Court also

recognized that the First Amendment protects religious rights but that denying same sex couple

to get married based on religious principles is unconstitutional. The judges who disagreed argued

that the Court was overstepping its bounds and interfering where it should not and that this kind

of decision should be left to the states.

There are many in the United States who strongly disagree with same sex marriage. They

have arguments such as: marriage is for reproduction and children should have both a mother and

father, legalizing gay marriage would lead to more non-traditional marriages, and gay marriage is

immoral and unnatural. Sure, in many marriages couples reproduce and happily raise their

children. But why cant gay couples raise kids of their own? There are multiple options for gay

couples to have kids of their own. There is no reason why children of a gay couple could not live

a happy life or not be raised as well as kids belonging to a traditional couple. Legalizing gay

marriage would not lead to the legalization of the more non-traditional marriages and

relationships like polygamy. Polygamy is going to stay illegal; there is no reason that it is likely

to be legalized. The legalization of gay marriage would have no effect on the legalization of

some of those non-traditional marriages. Gay marriage is not immoral or unnatural. People are

born gay, people are born with different skin colors, and there is nothing unnatural about either

of those. Gay marriage is in no way immoral. Just because the Bible defines marriage as between

a man and a woman does not mean that gay marriage is immoral. Not everyone believes the

word of the Bible, so those beliefs should not be forced on others. There is no reason that gay

marriage should not be legalized, it doesnt harm anyone, it just makes it so more people can be
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happy. And making it illegal is unconstitutional because it goes against the 14th Amendment

because the right to marriage would not extend to all citizens.

The 14th Amendment gives all American citizens the same rights and gives them equal

protection under the law. Making gay marriage illegal is unconstitutional because it is not

extending the right to marriage to all citizens, it makes it so gay couples do not have that basic

right. Not allowing two consenting same sex adults to perform sexual acts in the privacy of their

home is unconstitutional, going against the right to privacy that all American citizens have.

Excluding men from joining the Boy Scouts of America on the basis of sexual orientation is

unconstitutional because it is allowing discrimination based on sexual orientation/ gender.

Therefore, limiting the rights of members of the LGBT+ community is unconstitutional because

all Americans have the same rights.

Sources

"OBERGEFELL v. HODGES." Obergefell v. Hodges. N.p., n.d. Web. 14 Nov. 2016.

"Boy Scouts of America v. Dale." Oyez. N.p., n.d. Web. 14 Nov. 2016.

"Bowers v. Hardwick." Ozez.org. N.p., n.d. Web. 14 Nov. 2016.

"Gay Marriage - ProCon.org." ProConorg Headlines. N.p., n.d. Web. 16 Nov. 2016.