Family Values and Law

One of the most difficult areas of family law involves studying and evaluating legal rules that are intimately tied to moral, religious and ethical concerns.  In this paper, you will be forced to address a specific legal issue that arouses serious moral responses.  While morals are extremely relevant, it is important that a student of family law learn how to review legal rules that are potentially inconsistent with their personal beliefs.  

·      Assignment:  Write a paper addressing the following question:  Did the majority of the United States Supreme Court reach the correct conclusion in Obergefell v. Hodges?  Do you agree that the 14^th Amendment Equal Protection Clause of the United States Constitution require states to recognize same-sex marriages as valid?   While many people have strong moral and religious views on the subject, I want you to make sure you specifically address the legal and constitutional arguments relevant to the issue.  Your personal beliefs are relevant, however, I do not want the entire paper to be simply a synopsis of your ideas.   You must synthesize both the legal and moral issues implicated by the question.

o   For some background on the legal question presented:  The 14^th Amendment Equal Protection Clause essentially guards against “discrimination” based on race, gender, religion, etc.  In order to treat people differently the state or federal government must have a sufficient state interest. 

o   Please use the various dissents in Obergefell as appropriate.  They provide you with an alternative constitutional argument.  Several links related to the case are in the Week 1 folder. 

• Format: 3-5 pages, double-spaced.  All papers must be a minimum of three completed pages, but should not exceed five pages in length.  Any extra material submitted will not be considered towards the final grade.  The page should have 1-inch margins on all sides and be written in a 12-point font.  Cover pages or Work Cited pages are NOT included in the page total.  
• If you include a “header” on your paper with your name and the course details, it should not exceed three (3) single-spaced lines at the top of the first page of the paper.  

·      Research & Citations:  Outside research is necessary to complete this assignment, but all materials must be cited appropriately.  CITE YOU PAPER USING APA STYLE.  Please contact Trexler Library if you are not familiar with APA citation style.  

o   You cannot simply “cut and paste” websites as a form of citation.  They MUST be in the appropriate format. 

o   Do not use citations as a means of taking up large amounts of space to reach the page limit.  Any failure to adequately attribute information to an outside source can potentially impact the final paper grade or result in disciplinary action. 

o   Note:  simply “Google searching” the topic is not sufficient.  Your sources must include academic sources, such as journal articles.  A list of website links is not sufficient research.  Trexler Library has numerous online databases available that you can access from home.  Please contact the library staff for assistance. 

o   Wikipedia is NOT a valid source for the paper. 

·      Grading Criteria:  Your paper will be graded on the following criteria:

o   Ability to effectively discuss and analyze the legal precedent surrounding the topic

o   Writing style, organization and grammar

o   Ability to synthesize and balance the legal and ethical implications of the topic

o   Appropriate research for credible sources

o   Proper citations and citation format