United States Supreme Court Declares Banning Same Sex Marriage Unconstitutional
Start writing a post
Politics and Activism

United States Supreme Court Declares Banning Same Sex Marriage Unconstitutional

92
United States Supreme Court Declares Banning Same Sex Marriage Unconstitutional

Welcome to the height of the United States civil rights movement, part two. Every day in the news, on your Facebook, Tumblr dashboard, Twitter feed, and Instagram scroll there’s someone new calling you a racist, homophobe, bigot, you name it. We are bombarded with stories from all over the country of where the modern civil rights movement of the 2010s is, and where it’s going. However, I find myself asking with each passing post whether the slurs being thrown around are based on semantics, personal feelings, and opinions -- or are these slurs being tossed based on legitimate discriminatory facts contradictory to our Constitution?

United States Supreme Court has legalized same sex marriage nationwide. Due to the “supremacy clause” laid out in our Constitution, this means any state that has a law making same sex marriage illegal is nullified due to direct contradiction of federal law. However, many homosexuals still struggle with acceptance in the work place and overall job security due to openness of their sexual orientation including, but not limited to, openly homosexual teachers and professors in private educational institutions. A specific case being that of a band teacher in a Southern private Catholic school being terminated from his position in Georgia, which is a hire at will state.

The former band teacher and marching band director, was terminated from his job at this private Catholic school shortly after signing a contract renewal. He believes the motives behind school officials terminating him was due to superiors learning of his intentions to marry his partner of six years. His claim that it was discriminatory is backed by his stance that he had been upfront and open about his sexual orientation since his first interview with the school. He has since moved to New York and is continuing to pursue legal action against the private Catholic high school.

The big questions we all have to ask -- what legal precedence does he have to sue? Did the Supreme Court overstep their bounds in the legalization of homosexual marriage since the Supreme Court is only in place to determine Constitutionality of laws already in place?

Yes, the ex-band teacher does have legal precedence to sue because he was terminated from his position for reasons pertaining to his personal life and not his performance in the work place. Will the settlement or case fall in his favor? This is to be determined based on what the terms that he and the school agreed upon in his contract renewal and whether or not his previous employer is subject to the same restrictions of staffing that the institutions in the public education system are subject to, and whether or not they are subject to restrictions that are not hire at will.

Given past cases of the exact same nature -- homosexual teacher or professor terminated for sexual orientation in private, religious schools -- this case will, more than likely, fall short of any monetary reward in his favor, however he will be another case to draw the public eye to the blatant discrimination of a man who is experienced, skilled, and soon the be decorated in his field of work solely for having a different set of beliefs than those he was hired by.

Did the Supreme Court over step their bounds in the legalization of homosexual marriage? My answer is no. Supreme Court’s job was to review the constitutionality of laws banning same sex marriage in states such as Texas, Michigan, Georgia, etc. The ruling overturned all of these laws effectively legalizing homosexual marriage in all 50 states. This was not overstepping any boundaries because they did not write and implement a new law, they simply determined laws banning same sex marriage as unconstitutional due to their direct contradiction of the Equal Rights Amendment originally drafted in 1923 by Alice Paul and Crystal Eastman, who were fighting for women’s suffrage. This amendment led to women’s suffrage, the Civil Rights movement of the 1960s and abolition of Jim Crow laws, and now the abolition of laws banning same sex marriage.

The struggle will still be present for homosexuals in coming years, but progression is imminent. Private business proprietors still hold right to refuse to serve, landlords still hold right to refuse to offer housing, and many business owners (mostly blue collar and non-contract based businesses) still hold power to terminate employees at will without giving reason. Discrimination will remain a problem. We are not born with racism and hatred in our hearts -- we learn it from our surroundings and from how we conditioned to be. It will take time and generations for this system of oppression fade away, but as for now, the institutional support of the hatred and discrimination has been collapsed.

With advocates of high national attention, such as Caitlyn Jenner, and the backing of an online community far deeper than any one of us can imagine, this movement for equal rights for the LGBTQ+ community -- a community that has been overlooked and ostracized since the birthing of our nation -- is one that is here to stay until homosexuality is seen with the same eyes as the heterosexual community.

This is not to be justified by “don’t pick the splinter from your neighbors eye while ignoring the beam in your own,” because homosexuality isn’t a problem or a blemish. What is a problem or blemish is that our neighbors have to go through such a fight just to be seen as a “normal person” and fight for acceptance among their peers.

What this all boils down to is are you against gay marriage? If you answered yes, then don’t get gay married. End of story.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Adulting

Unlocking Lake People's Secrets: 15 Must-Knows!

There's no other place you'd rather be in the summer.

934346
Group of joyful friends sitting in a boat
Haley Harvey

The people that spend their summers at the lake are a unique group of people.

Whether you grew up going to the lake, have only recently started going, or have only been once or twice, you know it takes a certain kind of person to be a lake person. To the long-time lake people, the lake holds a special place in your heart, no matter how dirty the water may look.

Keep Reading...Show less
Student Life

Top 10 Reasons My School Rocks!

Why I Chose a Small School Over a Big University.

110882
man in black long sleeve shirt and black pants walking on white concrete pathway

I was asked so many times why I wanted to go to a small school when a big university is so much better. Don't get me wrong, I'm sure a big university is great but I absolutely love going to a small school. I know that I miss out on big sporting events and having people actually know where it is. I can't even count how many times I've been asked where it is and I know they won't know so I just say "somewhere in the middle of Wisconsin." But, I get to know most people at my school and I know my professors very well. Not to mention, being able to walk to the other side of campus in 5 minutes at a casual walking pace. I am so happy I made the decision to go to school where I did. I love my school and these are just a few reasons why.

Keep Reading...Show less
Lots of people sat on the cinema wearing 3D glasses
Pinterest

Ever wonder what your friend meant when they started babbling about you taking their stapler? Or how whenever you ask your friend for a favor they respond with "As You Wish?" Are you looking for new and creative ways to insult your friends?

Well, look no further. Here is a list of 70 of the most quotable movies of all time. Here you will find answers to your questions along with a multitude of other things such as; new insults for your friends, interesting characters, fantastic story lines, and of course quotes to log into your mind for future use.

Keep Reading...Show less
New Year Resolutions

It's 2024! You drank champagne, you wore funny glasses, and you watched the ball drop as you sang the night away with your best friends and family. What comes next you may ask? Sadly you will have to return to the real world full of work and school and paying bills. "Ah! But I have my New Year's Resolutions!"- you may say. But most of them are 100% complete cliches that you won't hold on to. Here is a list of those things you hear all around the world.

Keep Reading...Show less
Lifestyle

The Ultimate Birthday: Unveiling the Perfect Day to Celebrate!

Let's be real, the day your birthday falls on could really make or break it.

60780
​different color birthday candles on a cake
Blacksburg Children's Museum

You heard it here first: birthdays in college are some of the best days of your four years. For one day annually, you get to forget about your identity as a stressed, broke, and overworked student, and take the time to celebrate. You can throw your responsibilities for a day, use your one skip in that class you hate, receive kind cards and gifts from loved ones and just enjoy yourself.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments