Judicial Activism On Same-sex Marriages

Running Head : A Thumb on the outgo and the Equal Protection ClauseJudicial Activism on Same-Sex Marriages inGoodridge v . department of cosmos Health[Full Name][Institution][Date of Submission]Equal safeguard is a principle that works in tandem bicycle with the public interest and the public welf are as against the guard powers of the State to regulate and sanction civil ripes and the activities of men in an organized and civilized society . In Goodridge v . Department of Public Health , the Supreme Judicial Court of mom has ruled that the existing statutes on civil joins and the divide of licenses disallow same- turn on couples (2003 . Consequently such exclusion does not coincide rise with the current and evolving community standards favoring equality among citizens at the instance of their familiar orientation . In the same breath , the Court seek a revision of the statutes to conform to its decision striking the marriage licensing statutes as insufficient if not pernicious to the spirit and breed of the constitution viz . equal protection , thus invalid . It is a decision which in all respects smack of the strike out of judicial activism granted to the courts by way of judicial refresh in the pursuit of protecting and upholding the inalienable rights of citizens to equal manipulation and substantive due processIn the interpretation of the State laws drafted and enacted by the legislative branch of government the courts are empowered to determine their message according to the ordinary and approved usage of the language attributing to the indefinite ones the sense from which may be netherstood from reading all(prenominal) other provision as a whole (Goodridge v Department of Public Health , 2003 . Courts may strike trim down a law if from a challenge the same is effect to be repugnant to or at least not in consonance with the supreme clauses of the Constitution .

The case at bench deals with the issue whether or not same sex marriage as a matter of civil right is allowed or would be okay under the tenets of equal protection or the equal treatment of men and women as individuals under like circumstances and conditions both as to privileges conferred and liabilities enforced (University of atomic number 20 v . Bakke , 1978 The Supreme Court invariably held that the classification is comical under the doctrine of the equal protection and as such after close examination was deemed invalidIn brief , petitioners challenge the statutes pertaining to the grant of marriage license since they were denied one by the State exclusively on the basis of their sex and sexual orientation (Goodridge v . Department of Public Health , 2003 . They argue that they have as a formality met the requirements provided in the grant of licenses but still they were not presumption any by the State . As such , they are in danger of suffering an irreparable injury brought to the highest degree by the evil of discrimination and prejudice of the government against stack who prefer same-sex marriage rather than the customary man and women slight rubric (2003 . Precisely because the...If you want to get a affluent essay, order it on our website: Orderessay

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