In the context of right of privacy, explain the evolution of laws governing same-sex marriage.

Question

What will be an ideal response?

Answer 1

The ideal answer should include:
1. Although privacy rights are not mentioned specifically in the Constitution, the First, Fourth, and Ninth Amendments are sometimes read by the courts as creating a "zone of privacy" that shields individuals from government spying on their phones and computers, homes, and, notably in the context of same-sex marriage, their bedrooms. In other words, there is a "right to be left alone."
2. The 1996 Defense of Marriage Act (DOMA), signed by President Clinton, defined marriage as exclusively between one man and one woman and said that states could not be forced to recognize same-sex marriages authorized in another state.
3. In early 2004, President Bush endorsed a constitutional amendment that would restrict marriage to two people of the opposite sex, but the difficulty of the amendment process made the proposal more of a campaign slogan than a likely constitutional change.
4. In 2011, President Obama told the Justice Department to stop defending DOMA in court.
5. In 2013, in a 5-4 decision in the case of Windsor v. U.S., the Supreme Court struck down the federal government's definition of marriage as between one man and one woman. While states were still permitted to ban same-sex marriages, the federal government was forced to recognize them in states that chose to allow them.
6. In 2015, the same 5-4 majority went further, ruling that same-sex marriage rights were guaranteed under the Equal Protection Clause, effectively legalizing these unions nationwide.