Case Analysis: Obergefell V. Hodges

Obergefell v. Hodges (2014) The Obergefell v. Hodges (2014) case involved the marriage of same sex couples. Groups of same sex couples sued their state agencies to challenge the constitutionality of them refusing to recognize legal same sex marriages. Plaintiffs argued that the states’ statutes violated the Equal Protection Clause and Due Process Clause of the 14th Amendment.

Obergefell v Hodges 2015 Obergefell v Hodges (2015) is a landmark 5 to 4 decision in favor of legalizing gay marriage. James Obergefell petitioned the state 's ban on same sex marriage. He argued that it is a fundamental guaranteed under the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment.

In 1996 President Clinton passed the Defense of Marriage Act (DOMA), which cited marriage as between one man and one women, and gave the federal government the ability not to recognize gay marriages, thereby violating the Equal Protection Clause of the 14th amendment that guaranteed equal protection/treatment under the law to all citizens (citizens are citizens, regardless of their sexuality). Though the Supreme Court never upheld DOMA it did take 17 years until they began to deal with the unconstitutionality of it (Barnes). And gay couples did not actually gain the right to marry until June of this year (Vogue). This showed overt failings on the part of the executive and legislative branches; who following the opinion of the majority of the country at the time and took it upon themselves to restrict the rights of a specific sect of the population. And the Constitution created no explicit ways of dealing with cases like this, though the Supreme Court did establish judicial review, it still leaves violations like this in the hands of court cases that have to go through years of trials to get to the Supreme Court where they may not even be struck

In my brief I will explore the effect of the Loving V. Virginia (1967) on the case of Obergefell V. Hodges (2015) and how it led to legalization of same sex marriage. I will prove that the 9th amendment which addresses the right to marriage did not specify that marriage should be between a man and a woman. I will also prove that the precedents set by prior cases reflected on the decision of the supreme justice. I will first explain the prior cases and discuss their rulings and reflect on the reason judges chose this. I will then discuss the Obergefell v. Hodges case and its similarity to prior cases . I will then discuss the Constitution and the right to marriage under the 9th amendment. It is important that we acknowledge the cases that

In this essay I will prove the point that the case of Loving v. Virginia made it inevitable that the court would eventually rule the way it did in the case of Obergefell v. Hodges. Chief Justice Earl Warren’s opinion on this case was that “Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival… To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious

Question 1 Since the Supreme Court was established in 1789 it has directly or indirectly been a policymaker. The job of the Supreme Court is to interpret the Constitution, but inevitably by doing so, they have become policy makers that change the way citizens and the government interact; from Miranda rights to same-sex marriage the Supreme Court has played a major part in policy making. Recent cases that show the Supreme Court changes the way that the government and its citizens interact with each other are Gonzales v. Raich (2005), Salinas v. Texas (2013), and Obergefell v. Hodges (2015). First, in Gonzales v. Raich (2005) the Supreme Court criminalized the production and use of cannabis even where states approved it for medicinal purposes.

The trial of the Scottsboro boys was a trial that was the cause of two white women accusing nine black men of raping them. Their appeals, retrials, and legal proceedings attracted the attention of the nation and produced to Supreme Court rulings in their favor. The Scottsboro boys trial demonstrates that nonconformity to unjust practices can lead to justice for all people because their trial triggered The Supreme Court ruling that had a major impact on the American system of laws for the right to adequate counsel, the ruling for the right to not be excluded from a jury based on race, and still has a continuing effect in our own time which affirms the principle of equal protection under the law. Their case not only saved them from the death sentence but also started up debate about equal protection under the law such as in the first Supreme Court ruling.

In spite of the fact that a privilege to marry is not listed in the Constitution, the Court said that such a privilege is covered under the Fourteenth Amendment in light of the fact that such choices are vital to our survival and our values. Accordingly, they should essentially reside with the individual instead of with the state. This choice is a conflict with the popular argument that something cannot be an actual constitutional right unless it is spelled out straightforwardly in the U.S. Constitution. It additionally stands out amongst the most imperative models on the general thought of common uniformity, clarifying that essential social equality is basic to our reality and cannot really be restricted on the grounds that a few people trust that their god can 't help

In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.

Matthew Feeler Political Science 101 M/W Byron 11/17/16 Midterm: Question 1 The 14th Amendment was created after the civil war in 1868 and the underlying premise of the amendment gives equal protection and rights to slaves. This main idea was obviously the cause of the civil war and gaining freedom from slaves. Although, another part of the Amendment was what is known as the “due process” in which citizens are granted rights to life, liberty, and property. A huge topic of controversy for years has been the idea of same-sex couples being able to marry, and recently in 2015 the supreme court ruled that same sex marriage is legal which to some was very surprising, although some believe that with the 14th amendment, this is a right that should

Kluger described various lawsuit because he was sure that it would help readers to get the better understanding of the emerging of the civil rights movement in the U.S. (Lowe 127). Hence, Kluger wants his readers to get the clear understanding of the history because the American society has a rich history of the process of its development and progress. The author is sure that all the historical events that are described in the books played the vital role in the process of the establishment of the American society. To sum up, it is needed to state that “Simple Justice” is the book that is helping readers to understand the importance of freedom as well as equality in the life of the society. All the people are equal, and the government has to be interested in the promotion of the equality so that there should be no place for the race discrimination.

The famous Plessy vs. Ferguson case is a symbol of American intolerance and oppression because the “separate but equal” principle created a benchmark for racial segregation but American democracy and progress is illustrated in women’s desire for equal opportunity when Bradwell applied to be a lawyer in the case Bradwell vs

Is it unsettling that there is no uniformity of laws regarding gay marriage across the United States? Some states allow gay marriage, some allow civil unions, and some states allow no form of homosexual domestic partnerships, at least not ones recognized formally. What does that mean for homosexual Americans? Does the pending repeal of the “don’t ask, don’t tell” military policy make students feel more optimistic about rights for gay people in America?

Perry we see the issue regarding the major political issue of the legalization of same-sex marriages. While some individuals rebuke or chastise homosexuality, other individuals will embrace it as just another aspect of life a average norm to be. We must questions the reason for the early determination of same sex marriage constitutionality. When it comes down to it, our society is just making it illegal for people that live their lives differently from the majority of us. It is inequitable for our government to decide on whether or not homosexuals can be married.

It provides an example of how certain rights should be exemplified, and it shows which rights are the most important and concerning. Today, this court case has inspired people to have the freedom to choose any marriage partner that they love. This translates over into the right for gay people to