14th Amendment

Definition

The 14th Amendment is a crucial part of the United States Constitution, ratified in 1868, that grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection under the law. This amendment has been a cornerstone for expanding civil rights, especially for marginalized groups, including the LGBTQ+ community, as it addresses issues of equality and due process.

5 Must Know Facts For Your Next Test

1. The 14th Amendment was originally intended to secure rights for newly freed slaves after the Civil War, but its interpretations have evolved over time to encompass broader civil rights issues.
2. The amendment's Equal Protection Clause has been foundational in numerous court cases aimed at securing rights for various marginalized groups, including racial minorities and women.
3. In recent years, the 14th Amendment has been used as a basis for legal arguments supporting same-sex marriage and anti-discrimination laws for LGBTQ+ individuals.
4. The Supreme Court's decision in Obergefell v. Hodges underscored the amendment's role in affirming same-sex marriage as a fundamental right, highlighting its impact on LGBTQ+ rights.
5. The 14th Amendment has been cited in many key Supreme Court cases, such as Brown v. Board of Education, which addressed racial segregation in public schools.

Review Questions

• How does the Equal Protection Clause of the 14th Amendment relate to advancements in same-sex marriage rights?
  • The Equal Protection Clause of the 14th Amendment is essential to understanding advancements in same-sex marriage rights because it mandates that states cannot discriminate against individuals based on their sexual orientation. This clause was pivotal in court rulings that led to legalizing same-sex marriage nationwide. By asserting that all individuals deserve equal protection under the law, it laid the groundwork for landmark decisions like Obergefell v. Hodges.
• In what ways has the interpretation of the 14th Amendment evolved over time to affect LGBTQ+ rights?
  • Over time, the interpretation of the 14th Amendment has evolved from focusing primarily on racial equality to encompassing broader civil rights issues, including those faced by the LGBTQ+ community. Initially intended to secure rights for formerly enslaved individuals, its clauses have been applied in various landmark cases addressing discrimination against LGBTQ+ individuals. The amendment's application in cases like Obergefell v. Hodges illustrates this evolution by affirming same-sex marriage as a constitutional right based on principles of equality and liberty.
• Evaluate the impact of the 14th Amendment on contemporary legal battles surrounding LGBT rights and its role in shaping social policy.
  • The impact of the 14th Amendment on contemporary legal battles surrounding LGBT rights is profound, as it has become a primary legal foundation for arguments advocating for equality and non-discrimination. Its clauses have shaped social policy by prompting courts and lawmakers to consider how laws affect LGBTQ+ individuals and communities. Cases like Obergefell v. Hodges not only solidified marriage equality but also paved the way for ongoing discussions about broader civil rights protections, illustrating how the amendment continues to influence societal norms and expectations regarding equality.

Related terms

Equal Protection Clause: A section of the 14th Amendment that prohibits states from denying any person within their jurisdiction the equal protection of the laws.

Due Process Clause: Another section of the 14th Amendment that prohibits state and local governments from depriving individuals of life, liberty, or property without due process of law.

Obergefell v. Hodges: A landmark Supreme Court case in 2015 that ruled same-sex marriage is a constitutional right under the 14th Amendment, affirming marriage equality across the U.S.