Gays in the United States

The Gay Rights Revolution in the United States and the Constitutional Justice

This section covers the following topics:

The history of Gay Rights, including:

The culmination for Marriage Equality, including the case Obergefell v. Hodges.

This section covers the following topics:

Nationalization of the Bill of Rights
Arguments for Substantive Due Process
Slaughterhouse’s Evisceration of the Privileges or Immunities Clause
Substantive Due Process from Lochner to the Present (this period can be divided between 1887 to 1937 -from the Lochner Era to Parrish,- 1937 to 1973 -from Parrish to Roe and from Roe (1973) to the Present)
The “Double Standard” Concerning Economic Liberties Versus Personal Liberties and Civil Rights

This section covers the following topics:

The Intertwining of Due Process and Equal Protection
The Trajectory of the Due Process Inquiry from Roe to Obergefell
The Stringency of the Protection of Liberty Under the Due Process Clauses
Traditional Moral Disapproval Versus Securing Liberty and Equality for Gays
and Lesbians (Bowers v. Hardwick, Romer v. Evans, Lawrence v. Texas)
The Fundamental Right to Marry Under State Constitutions: Securing
Equality and Liberty for Gays and Lesbians (Baker v. State of Vermont,
Goodridge v. Department of Public Health)
The Fundamental Right to Marry Under the U.S. Constitution: Securing
Equality and Liberty for Gays and Lesbians (Letter from the Attorney General to Congress on Litigation Involving the Defense of Marriage Act,United States v. Windsor, Baskin v. Bogan,
Latta v. Otter, Obergefell v. Hodges)

This section covers the following topics:

Conflicts Between Gay Rights and Freedoms of Association and Speech:
Civil Society and Educational Institutions. (Boy Scouts of America v. Dale;
Christian Legal Society v. Martinez, Harper v. Poway Unified School District)
Conflicts Between General Laws and Religious Liberty: Claims of Religious
Exemptions in the Polygamy, Peyote, and Contraceptive Mandate Cases (Reynolds v. United States, Employment Division, Department of Human Resources of Oregon v.
Smith, Burwell v. Hobby Lobby Stores, Inc.)
Conflicts Between Gay Rights and Religious Liberty: Claims of Religious
Exemptions from Antidiscrimination Laws and Marriage Laws (Claims of Religious Exemptions from Antidiscrimination Laws, such as Elane Photography, LLC v. Willock, and Post-Obergefell Developments, see below)

In relation to the post-Obergefell Developments (the Next Generation of Claims of
Religious Exemptions), we have:

Controversies Involving Public Officials and Religious Exemptions
Members of the Clergy Authorized to Solemnize Marriages
Religious Institutions and Entities
For-Profit Businesses Owned by Religious Persons That Provide
Goods and Services to the Public
Using the Language of “Discrimination” to Protect “Freedom of
Conscience”

Gays: see more information about this section in the main entry.