Introduction
It is hard to disagree that same-sex marriage is one of the most controversial topics in the U.S. Many people consider such marriages a fundamental right of humans, while others find them inappropriate and try to cancel this tendency. Same-sex marriages have long and challenging relationships with federalism, and the purpose of this paper is to discuss the most essential aspects of this history.
Same-Sex Marriage and Federalism
To begin with, one may notice that state governments have traditionally controlled this issue, and there were many states that never wanted to make this tendency legal. However, since 2015, all states have been made to legalize same-sex unions, according to the federal ruling (Fisher). Currently, the Constitution does not directly indicate one’s right to marry a person of the same-sex, but some articles somehow support this right. For example, the 14th amendment and “basic Constitutional notions of freedom mean same-sex couples may exercise the right to marry” (Fisher). Therefore, Americans expect that soon the rights of LGBT persons will be supported directly by this supreme law.
Conflicts and Shifts in the Balance of Power
One of the main shifts happened in 2015 when the Supreme Court announced same-sex marriage to be legal and protected by the Constitution in all states. The first case to consider the equality of such unions was Baker v. Nelson in 1972 (Law). While the Supreme Court did not allow gay marriage to happen, this was a turning point in history because attention was drawn to the concern (Law). Finally, as for the conflicts arising due to the principle of federalism, people were not satisfied with having some states for and some – against such unions because this system divided the country and deprived some LGBT persons of their rights.
Conclusion
To draw a conclusion, one may say that the fight for the freedoms and happiness of LGBT representatives is not finished yet. While it is expected that the Constitution will soon address their rights directly and same-sex marriages are now legalized, many Americans still refuse to accept these unions. Fortunately, the Supreme Court currently supports same-sex unions, and other positive changes are coming.
Works Cited
Fisher, Daniel. “Supreme Court Rules Same-Sex Marriage Is a Constitutional Right.” Forbes. Web.
Law, Tara. “9 Landmark Supreme Court Cases That Shaped LGBTQ Rights in America.” Time. Web.