Strict Scrutiny and Marriage Laws
Strict Scrutiny and Marriage Laws (1542) Marriage, in the traditional sense, is a legal union between one man and one woman, which the government presumes will lead to the growth of the population and preserve the image of America (Eskridge 801). The stereotypical image of family in America rooted in society through social norms is the picture of a suburban house with a white picket fence, a father, a mother, and two children. American laws for a long time were written to reflect the picture of a ‘perfect’ family if and only if you met the right traits, a white heterosexual. By looking at marriage laws, you can see that they have often been used as a legal tool to bolster the white, heterosexual social order based on gaining the benefits of marriage including, but not limited to, social security rights, health care, housing, medical, and employment (Cott 78). U.S. courts claim to ensure rights to citizens using three distinct levels of scrutiny: rational basis, intermediate scrut