“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,” this is the text of the 9th Amendment. On September 17, 1787 the Anti-Federalists demanded a Bill of Rights be added to the final draft of the Constitution. Federalists felt that a Bill of Rights would give the government too much power. The Anti-Federalists had to be contrarian and were against ratification of the Bill of Rights. Fascism means that the government has the right to do whatever they wanted, so the Anti-Federalists were paranoid that having too many rights would lead to this.
At the Virginia Ratifying Convention, the Anti-Federalists made sure that the clauses that declared Congress should not exercise specific powers, which could be extended to Congress. As in, no one branch of government should have too much power. These days, this situation is being upended which is why everybody is terrified of people succeeding in building a wall around the Mexican border, or any part of that border which touches the United States. The Ninth Amendment originally applied to the Federal government. The Ninth Amendment was seen as a way to protect the States from the Feds taking more power than necessary in forcing the states to follow any Federal mandate.
The gay marriage rulings that president Obama made in 2015, show that some conservative states did not want to make gay marriage a legal right. The Supreme Court had a 5-4 ruling inquiring about the 50 states. The ruling declared that same-sex couples had the same legal rights to marriage as straight couples. On June 26, 2015, Obergefell vs. Hodges established same sex marriage throughout the United States and territories that fall under the jurisdiction of the United States.
This U.S. Supreme Court case on gay marriage, is a consolidation of six lower-court cases. When Kim Davis, a Kentucky Clerk refused to issue gay marriage certificates, the 9th Amendment came into play. She got jailed for refusing to carry out something that had been signed as Federal law. The Sixth U.S. Circuit Court had to dismiss her appeal, since Kentucky had a new law that removed clerk’s names from marriage licenses. This new law back then, had provided a religious accommodation for clerks who did not want to hand out gay marriage certificates to gay couples due to religious compunctions.
As an Apostolic Christian Davis felt that her definition of marriage involved a man and a woman, because she felt that signing a certificate went against her religion. The state cannot condemn her actions under the First Amendment. But the Ninth Amendment means that they had to figure out a way to exempt her from signing gay couple’s certificates. For her religious freedom, she was jailed for five days. The government has to uphold both gay marriage rights, as well as her personal religious rights. Both parties are equal under the eyes of the law.
The Federal government had decided with that ruling, to make sure that gay couples can get certificates and that Ms. Davis has the right to express her religious beliefs without fear of persecution. Davis was elected as a Democrat but switched to Republican when she was jailed, according to CBS news. The State under Obama tried to be fair to both parties involved in this dispute. The Ninth Amendment came into play with this problem and also the 14th Amendment about equal civil rights requiring all states to issue same-sex couples the same legal rights as straight couples.
Works Cited
https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-who-refused-issue-marriage-licenses-gays-n596476
https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution
https://en.wikipedia.org/wiki/Obergefell_v._Hodges
About the Creator
Iria Vasquez-Paez
I have a B.A. in creative writing from San Francisco State. Can people please donate? I'm very low-income. I need to start an escape the Ferengi plan.
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