Same-Sex Marriage Illegalization and Legalization in the United States
In 2003, the Supreme Court considered a law that criminalized homosexual sodomy but not heterosexual sodomy. The case named Lawrence v Texas spawned both significant due process and equal protection concerns. The pro-same-sex marriage team convinced the Supreme Court by using the arrest of Lawrence and Garner as a tool to oppose the old anti-sodomy that the criminal justice system used to shame and stigmatize gay couples. The protagonists of same-sex marriage used the case to support personal dignity, sexual privacy, intimate relationships that shifted the Americans’ perception concerning the family.
The American society began to accept the behavior of consenting adults, and by 2013, twelve states that include Massachusetts and Lowa, had legalized same-sex marriage. In 2015, the Supreme Court granted same-sex marriages protection by restating, criminalizing same-sex marriages that violated the 14th Amendment provision regarding equal protection and due process (Lithwick ). In the last two decades, the acceptance of flexible gender identities and same-sex marriage has increased drastically, especially among the young generation of Americans. The trend emerges from various issues such generational gap about the same-sex marriage issue and generational variations viewpoints. Besides these, the polarization of public attitudes and generational division have substantially influenced the heightened acceptance of same-sex marriage. The inclination reflects in the overturning of laws illegalizing same-sex marriage in 2015 triggered by Lawrence v Texas.
Lithwick, Dahlia. “Extreme Makeover.” The New Yorker, 2012, https://www.newyorker.com/magazine/2012/03/12/extreme-makeover-dahlia-lithwick. Accessed 7 May 2021.
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