AMEND 5

Nov 12, 2024

Lecture on the 14th Amendment and Its Impact on Marriage and LGBTQ Rights

Introduction

  • Speaker: Martha Jones, Professor of History at Johns Hopkins University.
  • Focus: The significant impact of the 14th Amendment on marriage equality and civil rights, particularly through landmark cases like Loving v. Virginia and Obergefell v. Hodges.

Loving v. Virginia

  • Year: 1967.
  • Issue: Anti-miscegenation laws in 18 states prevented interracial marriages.
  • Outcome: Supreme Court struck down these laws using the Equal Protection Clause of the 14th Amendment, legitimizing interracial marriages.
  • Personal Connection: Martha Jones' parents were an interracial couple who faced social backlash in the 1950s.

Historical Context of Marriage and the 14th Amendment

  • Pre-Civil War: Enslaved people had no legal right to marry.
  • Post-Emancipation: 14th Amendment allowed formerly enslaved individuals to legally marry.

Same-Sex Marriage and the 14th Amendment

  • 2015 Supreme Court Case: Same-sex marriage was legalized, emphasizing equality and acceptance by the government.
  • LGBTQ Rights Movement: Faced historical discrimination and legal battles for recognition and equality.

Personal Stories and Legal Challenges

  • Jim Obergefell and John Arthur: Their case, Obergefell v. Hodges, challenged Ohio's refusal to recognize same-sex marriage.
  • Legal Struggle: Faced opposition from laws like the Defense of Marriage Act (DOMA) and Article 12 in Cincinnati, which prohibited protections based on sexual orientation.

Landmark Supreme Court Decisions

  • Bowers v. Hardwick (1986): Ruled that homosexual acts were not protected by the Constitution.
  • Lawrence v. Texas (2003): Overturned Bowers, recognizing the right to privacy and liberty for same-sex couples under the 14th Amendment.

Obergefell v. Hodges (2015)

  • Significance: Supreme Court ruled that same-sex marriage bans were unconstitutional under the 14th Amendment.
  • Impact: Recognized the dignity and equal rights of same-sex couples, transforming social and legal landscapes.

Reflections on the 14th Amendment

  • Inclusivity and Equality: The 14th Amendment serves as a tool for ensuring equal treatment and civil rights for all citizens.
  • Personal Impact: Individuals like Jim Obergefell felt validated and recognized as equal Americans due to the legal protections afforded by the amendment.

Conclusion

  • Legacy of the 14th Amendment: Continues to shape civil rights and equality in the U.S., fostering an inclusive society that honors love and humanity across diverse groups.
  • Ongoing Struggle for Equality: Other marginalized groups continue to seek recognition and rights under the 14th Amendment.