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The Supreme Court tackles same-sex marriage

On Behalf of | Apr 30, 2015 | Divorce |

You may not know it, but there is a case in the Supreme Court that could change the entire landscape of the family unit across the entire country, especially in states like Texas. Obergefell v. Hodges s is a case that will allow the Supreme Court to closely examine state laws affecting same-sex marriage, specifically those that define marriage as a relationship between a man and a woman. Currently, homosexuals in Texas cannot be married, and if they were married in another state, their marriage is not recognized in Texas, meaning that they cannot bdivorceded in Texas. Naturally this is a polarizing topic with proponents on either side.

The question being asked boils down to the reasoning behind the same-sex marriage bans. If states can provide a legitimate reason for banning same-sex marriages based on a public interest, then the bans may be seen as legal and viable, but if it is determined that the bans only serve to discriminate against homosexuals, such bans could be found in violation of the 14th Amendment. In such a case, the bans would likely be ruled unconstitutional.

Oral arguments on the topic will begin this week, as opponents of same-sex marriage attempt to prove that they have legitimate reasoning to prevent homosexual marriage. Not surprisingly, there are many arguments being levied against it, including the idea that homosexual marriage is fundamentally bad for society, since such marriages to not result in procreation. If the same-sex marriage bans are ruled unconstitutional, homosexual couples will be eligible to marry in Texas, and those who are currently living in Texas after being married in another state will be able to divorce.

Regardless of which side of the argument you fall on, this case will likely be a landmark decision one way or the other. As same-sex marriage continues to be legalized in various states, the issue was bound to reach the Supreme Court eventually. Like it or not, the fact is that by this time next year, same-sex marriages could be legal in Texas and all across the nation.

Source: The Washington Post, “Supreme Court briefs reveal religious groups don’t agree on how to oppose same-sex marriage,” Daniel Silliman, April 27, 2015