Federalism Conservative and Liberal Views Term Paper

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For example, in 2005, an inmate sought access to an abortion, which was initially denied. "The U.S. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion." (Dawe). The court did so, despite the fact that some state funds would have to be used for the inmate to access the abortion.

A more current political issue demonstrates the power of states' rights. Currently, some states have legalized gay marriages and civil unions. Other states have gone to the other end of the spectrum, and have passed state and local laws specifically illegalizing gay marriages. As of 2004, there were 17 states whose constitutions banned same-sex marriages, and most of those states also prohibited recognition of homosexual civil unions.

PBS Online). Many political conservatives were concerned that when Massachusetts legalized same-sex marriage, it would result in forced recognition of gay marriages in states that did not want to recognize such marriages.

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However, the states-rights aspect of federalism has prevented this from occurring. Absent polygamy, states have been able to define what constitutes marriage and who is eligible to marry, within their borders, barring 14th amendment issues, since the beginning of the union. Attitudes towards same-sex marriage vary widely by geographical area, which makes the issue of same-sex marriage the type of community issue that states should be able to control. It differs from previous civil-rights issues, in that no person is being denied a right because of being homosexual. In most states, a woman, regardless of whether she is homosexual or heterosexual, may enter into a marriage with one man. In contrast, the anti-miscegenation statues struck down during the 1960s Civil Rights movement, prohibited certain adult men and women from entering into the relationship legally defined as marriage by the state, based on a person's race. That clearly violated the 14th Amendment.

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