Unit Three Summative
By Katy Pickens
Section One of the Fourteenth Amendment
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Historical Conext of the Case
Facts of the Case
In 1958, Mildred Jeter and Richard Loving were married in the District of Colombia.
They returned to Virginia and were charged with violating Virginia's law against interracial marriage and were given the option to either go to jail for a year or to leave Virginia and not come back for 25 years (www.oyez.org)
Question before the court
According to www.oyez.org, there were 9 votes for Loving and 0 against him. Chief Justice Earl Warren said "Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State."
The implications of the case
37 states have already legalized same-sex marriage (www.freedomtomarry.com) and the majority of Americans support same-sex marriage (www.quinnipiac.edu). Only 13 states have yet to legalize same-sex marriage. 60% of Americans also believe that same-sex marriages should be recognized as valid in all states (www.pollingreport.com). Bigotry or religion often cause people to feel negatively toward gay marriage. Although in 1972 the Supreme Court struck down Baker v. Nelson, another same-sex marriage case (www.scarinciattorney.com) there has a been a rally cry, especially from young people, to legalize gay marriage in all of America, not just the states that have already legalized it.
Facts of the case
Questions before the court
What should they rule based on the context and today's society?
What would be the implications of the case?
Baker v. Nelson: The Forgotten Same-Sex Marriage Case." Constitutional Law Reporter. N.p., 20 Dec. 2012. Web. 02 June 2015. <http://scarinciattorney.com/baker-v-nelson-the-often-forgotten-supreme-court-same-sex-marriage-case/>.
"Civil Rights." Civil Rights. N.p., n.d. Web. 03 June 2015. <http://www.pollingreport.com/civil.htm>.
"Civil Rights Movement." History.com. A&E Television Networks, n.d. Web. 02 June 2015. <http://www.history.com/topics/black-history/civil-rights-movement>.
"The Cost of Same-Sex Marriage Bans (Infographic)." TakePart. N.p., n.d. Web. 28 May 2015. <http://www.takepart.com/article/2012/06/01/cost-same-sex-marriage-bans-infographic>.
"14th Amendment." 14th Amendment. N.p., n.d. Web. 31 May 2015. <https://www.law.cornell.edu/constitution/amendmentxiv>.
Infoplease. Infoplease, n.d. Web. 30 May 2015. <http://www.infoplease.com/spot/civilrightstimeline1.html>.
"The Legacy of Loving v. Virginia Lives On in Gay Marriage Rulings." Reason.com. N.p., 05 Mar. 2014. Web. 29 May 2015. <http://reason.com/archives/2014/03/05/the-legacy-of-loving-v-virginia-lives-on>.
"Loving v. Virginia Comes to Fore as Court Takes up Gay Marriage." Www.roanoke.com. N.p., n.d. Web. 28 May 2015. <http://www.roanoke.com/news/politics/loving-v-virginia-comes-to-fore-as-court-takes-up/article_e4577f50-5f77-5055-bad4-c906139d30e8.html?mode=jqm>.
"LOVING v. VIRGINIA." Oyez. N.p., n.d. Web. 02 June 2015. <http://www.oyez.org/cases/1960-1969/1966/1966_395>.
"Majority Would Back Supreme Court Allowing Same-sex Marriage." POLITICO. N.p., n.d. Web. 1 June 2015. <http://www.politico.com/story/2015/06/poll-same-sex-marriage-death-penalty-118477.html>.
"OBERGEFELL v. HODGES." Oyez. N.p., n.d. Web. 02 June 2015. <http://www.oyez.org/cases/2010-2019/2014/2014_14_556>.
"Release Detail." Quinnipiac University. N.p., n.d. Web. 02 June 2015. <http://www.quinnipiac.edu/news-and-events/quinnipiac-university-poll/national/release-detail?ReleaseID=2229>.
"States | Freedom to Marry." States | Freedom to Marry. N.p., n.d. Web. 28 May 2015. <http://www.freedomtomarry.org/states>.
"Today in Supreme Court History: Loving v. Virginia." Constitution Daily. N.p., 12 June 2014. Web. 30 May 2015. <http://blog.constitutioncenter.org/2014/06/today-in-supreme-court-history-loving-v-virginia/>.
Gay and Lesbian Flag. Digital image. Mashable. N.p., n.d. Web. 4 June 2015. <http://mashable.com/2012/07/19/chick-fil-a-gay-marriage/>.
GETTY IMAGES. Man holds gay and lesbian flag with American flag during a demonstration. Digital image. CBS News. N.p., n.d. Web. 2 June 2015. <http://www.cbsnews.com/news/poll-53-of-americans-support-same-sex-marriage/>.
Martin Luther King Jr. Digital image. Manasseh Secondary School. N.p., n.d. Web. 2 June 2015. <http://www.manhassetschools.org/Domain/299>.
Mildred Jeter and Richard Loving. Digital image. Slant. N.p., n.d. Web. 4 June 2015. <http://www.slantmagazine.com/house/article/full-frame-documentary-film-festival-2011-the-loving-story>.
Mildred Jeter and Richard Loving. Digital image. Wikipedia. N.p., n.d. Web. 2 June 2015. <http://en.m.wikipedia.org/wiki/Loving_v._Virginia>.
Mixed Marriage. Digital image. Atlanta Black Star. N.p., n.d. Web. 2 June 2015. <http://atlantablackstar.com/2012/04/29/interracial-marriages-on-the-rise-in-america/>.
Protesters march in Washington D.C. Digital image. Wikipedia. N.p., n.d. Web. 2 June 2015. <http://en.m.wikipedia.org/wiki/African-American_Civil_Rights_Movement_(1954–68)>.
Same-sex marriage. Digital image. Johnathan Merritt. N.p., n.d. Web. 3 June 2015. <http://www.jonathanmerritt.com/tag/gay-marriage/>.
States that used to prohibit interracial marriage. Digital image. U.S. News. N.p., n.d. Web. 2 June 2015. <http://www.usnews.com/news/blogs/press-past/2013/03/28/as-the-supreme-court-weighs-gay-marriage-a-look-at-its-last-major-marriage-ruling>.
States where gay marriage is legal. Digital image. Planet Mundus. N.p., n.d. Web. 3 June 2015. <http://planetmundus.com/dichotomous-america/>.