Alexander Hamilton's Decision To Legalize Gay Marriage In The United States
1644 Words7 Pages
When the founding fathers wrote the Constitution to establish a solid government for the newly formed United States there was no way they could have predicted how much the country would grow and change. The laws and rights they included in the original Constitution were for that time period but they also made the smart decision of leaving some of it up for interpretation and also giving some of some leeway. The founding fathers definitely did not picture gay marriage ever being a debate but they did add supremacy clause to the Constitution which implemented for something exactly like the gay-marriage debate. The debate over The Supreme Court’s decision to legalize gay marriage in the United States today relates to the debate over making the…show more content… They felt that this was happening through the Constitution, especially the supremacy clause. While the Constitution did still reserve the sovereignty of the states it also implemented many limits on their power. The biggest limits being the supremacy clause and the necessary and proper clause. This was the base of the anti-federalist’s argument as to why they were against the ratification of the Constitution. The anti-federalists wanted to keep the power in the states and not have another strong national government. The federalist’s papers made arguments to defend the Constitution and the supremacy clause against what the anti-federalists were saying about it. Specifically, in essay 34 of The Federalist Alexander Hamilton wrote, “A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.” (Maddex, 526) By saying this Hamilton justifies the supremacy clause and says that is is necessary to have in the…show more content… On June 26th of 2015 the court ruled in the case of Obergefell v. Hodges that same-sex marriage being illegal in states was unconstitutional. The ruling stated that this violated the fourteenth amendment of the Constitution. The Supreme Court stepped in for the minority, homosexuals. They deserve all of the same marriage rights as anyone else and it was extremely unconstitutional to withhold these rights from them. Karen Bird analyzed the idea of minorities being unrepresented in her writing, The Political Representation for Women and Ethnic Minorities in Established Minorities. She stated, “Even where representatives are chosen through fair and democratic elections, it is often said that legislative assemblies remain “unrepresentative,” and, in particular, that they are under-representative of women, ethnic minorities, and the poorer and less educated social classes. This is especially true of representation at the national level.” (Bird, 2) This is exactly what was happening in our government for people that are homosexual. In our Constitution it states, “all men are created equal,”, but in no way was everyone equal when they did not have the same marriage rights. They were unrepresented and not given the rights they deserve as Americans until the Supreme Court thankfully stepped