Attitudes toward gay marriage or civil unions changed dramatically in the last 20 years, largely due to a wider acceptance of gay families in movies, on television, on university campuses, and among younger generations. Yet the Equal Protection Clause of the Fourteenth Amendment provides no special protections for individuals discriminated against on account of their sexual orientation. So this has indeed created difficulties for some as states have passed discriminatory laws and state courts have ruled inconsistently on those laws. The Supreme Court, however, changed that with the United States v. Windsor case assigned for this week. After you have read that case and the Obergefell v. Hodges case, you will see the inception of a new era of equal protection for gay families. But after you read the articles assigned, you will see that this is far from a settled issue.

To prepare for this Discussion:

• Review the cases and articles below. Feel free to search for additional articles addressing current proposals to change state laws affecting the rights of gay individuals and families (the law is very fluid in this area).
• Think about the role played by the Supreme Court in establishing rights for gay individuals and prohibiting some forms of discriminatory state practices. Think also about whether the court took power away from the states with these rulings.
• Conduct foundational research on an issue of interest to you in which the court played a role in changing the national conversation. For instance, you might consider gun rights, abortion, immigration, terrorism, or many other topics in which the court has ruled.

With these thoughts in mind:

Provide comparison of the role of the court in gay rights and the role of the court in a similarly controversial issue. How did the court influence public policy with their rulings in each of the areas you are comparing? Did American values shift following the decisions of the court? What does this say about the influence of the court on American attitudes about controversial issues?

Support your response using the Learning Resources and other scholarly resources.

CASES

• United States v. Windsor, 570 U.S. ___ (2013).

• Obergefell v. Hodges, 576 U.S. ___ (2015).

Optional Resources

ARTICLES

• Castillo, M., & Conlon, K. (2015). Kim Davis stands ground, but same-sex couple get marriage license. Retrieved from http://www.cnn.com/2015/09/14/politics/kim-davis-same-sex-marriage-kentucky/
• Eckholm, E. (2015). Colorado court rules against baker who refused to serve same-sex couples.Retrieved from http://www.nytimes.com/2015/08/14/us/colorado-court-rules-against-baker-who-refused-to-serve-same-sex-couples.html?_r=0
• Friedersoorf, C. (2014). Should Christian bakers be allowed to refuse wedding cakes to gays?Retrieved from http://www.theatlantic.com/politics/archive/2014/02/should-christian-bakers-be-allowed-to-refuse-wedding-cakes-to-gays/284061/