Three core values are often discussed when it comes to what all Americans hold
dear: democracy, liberty, and equality. Equality, in particular, is a value and
a right that Americans have fought other nations and each other to preserve and
expand. Until the Fourteenth Amendment to the Constitution was passed, equal
protection of the law was not part of our Constitution. This critical amendment
was the legal vehicle that enabled our nation to prohibit discrimination based
on race and sex and to also support and affirm the need for diversity.
Nevertheless, the struggle for equal protection and due process continues, and
other amendments to the Constitution, which include the Fifth, Ninth, and
Fourteenth Amendments, have become involved in this effort. One of the most
debated legal decisions involving equal protection thus far has been the
Defense of Marriage Act (DOMA) of 1996. In a 2013 Supreme Court decision,
Section 3 of the Act was found to be unconstitutional. Did the Supreme Court
justices rightfully interpret the equal protection clause from the Fifth and/or
Fourteenth Amendments in this case? Identify and utilize constitutional
precedents and case law to support your argument.
Your initial post should be at least 250 words in length. Support your claims
with examples from the required material(s) and/or other scholarly resources,
and properly cite any references.
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