The primary issues in this legislation concern trade and federal preemption. From the cases discussed in the lectures and discussions, there are two cases that have a strong and direct correlation with the cases and several others that have a secondary or weaker correlation with the legislation. Windsor (2012) has the highest correlation due to the topic at hand. Windsor challenged the constitutionality of the Defense of Marriage Act (DOMA) stating that the act discriminated against Edith Windsor's ability to collect her spouse's estate by imposing estate taxes to which other non-same-sex couples were not subject. There were three questions at hand; one concerning the executive branch's declaration that the law is unconstitutional, one concerning the bipartisan legal advisory group that wanted to represent the government, and one concerning whether or not Edith Windsor's Fifth Amendment right to equal protection was violated. The court's decision admitted jurisdiction, left the second question unanswered, and declared that DOMA was unconstitutional and violated equal protection rights. The decision was 5-4 in Windsor's favor with Justice Kennedy writing the opinion. Heart of Atlanta (1964) was a case of discrimination against African Americans over staying at the Heart of Atlanta Motel. At issue was whether Congress had overstepped its trade powers with the Civil Rights Act by limiting the ability of businesses to choose their customers based on race. The court ruled that Congress had not overstepped its powers, was capable of regulating commerce at the local level, and that the Civil Rights Act was constitutional. The decision was 9-0. Similarly, the case Katzenbach v. McClung (1964), which addressed the issue of the record... at the center of the paper... launches into discrimination and promotes the agenda of same-sex rights. Ultimately, equal protection supersedes Commerce Clause issues. After reviewing the legislation, I would advise the Senator that the bill is constitutional and that co-sponsorship would be a benefit to the office and a positive win for office support. sexual rights, in particular equal protection. Based on the Windsor (2012) and Heart of Atlanta (1964) decisions, and the history of Commerce Clause cases, I would argue that, based on precedent, the law is constitutional and that, even if contested, the composition of the Court Suprema would confirm the constitutionality of the law. Recent ideological shifts regarding same-sex rights are no different from arguments presented in civil rights-era cases. Same-sex couples deserve equal rights and freedom from discrimination.