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.
Marconi Beach

Three years ago, I chose to attend college in Philadelphia, approximately 360 miles away from my small town in New Hampshire. I have learned many valuable lessons away from home, and have thoroughly enjoyed my time spent in Pennsylvania. One thing that my experience has taught me, however, is that it is absolutely impossible to beat a New England summer.

Keep Reading...Show less
Entertainment

Fibonacci Sequence Examples: 7 Beautiful Instances In Nature

Nature is beautiful (and so is math). The last one will blow your mind.

232432
illustration of the fibonacci sequence
StableDiffusion

Yes, the math major is doing a math-related post. What are the odds? I'll have to calculate it later. Many people have probably learned about the Fibonacci sequence in their high school math classes. However, I thought I would just refresh everyone's memories and show how math can be beautiful and apply to physical things everywhere around us with stunning examples.

Keep Reading...Show less
the beatles
Wikipedia Commons

For as long as I can remember, I have been listening to The Beatles. Every year, my mom would appropriately blast “Birthday” on anyone’s birthday. I knew all of the words to “Back In The U.S.S.R” by the time I was 5 (Even though I had no idea what or where the U.S.S.R was). I grew up with John, Paul, George, and Ringo instead Justin, JC, Joey, Chris and Lance (I had to google N*SYNC to remember their names). The highlight of my short life was Paul McCartney in concert twice. I’m not someone to “fangirl” but those days I fangirled hard. The music of The Beatles has gotten me through everything. Their songs have brought me more joy, peace, and comfort. I can listen to them in any situation and find what I need. Here are the best lyrics from The Beatles for every and any occasion.

Keep Reading...Show less
Being Invisible The Best Super Power

The best superpower ever? Being invisible of course. Imagine just being able to go from seen to unseen on a dime. Who wouldn't want to have the opportunity to be invisible? Superman and Batman have nothing on being invisible with their superhero abilities. Here are some things that you could do while being invisible, because being invisible can benefit your social life too.

Keep Reading...Show less
Featured

19 Lessons I'll Never Forget from Growing Up In a Small Town

There have been many lessons learned.

89184
houses under green sky
Photo by Alev Takil on Unsplash

Small towns certainly have their pros and cons. Many people who grow up in small towns find themselves counting the days until they get to escape their roots and plant new ones in bigger, "better" places. And that's fine. I'd be lying if I said I hadn't thought those same thoughts before too. We all have, but they say it's important to remember where you came from. When I think about where I come from, I can't help having an overwhelming feeling of gratitude for my roots. Being from a small town has taught me so many important lessons that I will carry with me for the rest of my life.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments