197k views
1 vote
What should the U.S. legal system have done in the case of the young Hmong man who chose to get married following Hmong traditions in Wisconsin?

User Cha
by
9.1k points

1 Answer

6 votes

Final answer:

U.S. law must uphold individual rights and can intervene in cultural practices when they conflict with legal standards, as evidenced by the history of marriage laws and landmark cases like Obergefell v. Hodges. The legal system is responsible for balancing legal compliance with cultural sensitivity.

Step-by-step explanation:

The question pertains to what actions the U.S. legal system should have taken in the case of a young Hmong man who chose to get married following Hmong traditions in Wisconsin. Given the complex nature of cultural practices and local laws, the legal system should account for both the protection of individual rights and the preservation of cultural traditions. If the Hmong marriage practice conflicts with U.S. law, particularly if elements of the marriage could be considered illegal (such as underage marriage), the U.S. legal system would be obligated to intervene to uphold the law while also considering cultural sensitivity.

In cases dealing with marriage customs, U.S. courts have made significant rulings. For example, in a broader context of marriage laws, the Defense of Marriage Act (DOMA) defined marriage as the union of a man and a woman and denied federal benefits to same-sex couples, even if recognized by a state. However, this act was later ruled unconstitutional in Obergefell v. Hodges, which granted same-sex couples the right to marry across the United States. This landmark case underscored the importance of extending equal rights to all citizens regardless of their sexual orientation.

User Yankes
by
8.3k points