Book Review : ' Winning Side ' The Petitioners ' Essay examples

1262 Words Jun 1st, 2016 6 Pages
Obergefell v Hodges
Winning side: The petitioners was two gay men whose same-sex partner had died along with other court cases that brought their cases to their respective District Courts that were challenging the denial of their right to marry or to have the right to have their marriages performed out of the state they reside in (Obergefell et al. v. Hodges). Each petitioner sought certiorari, which is the review of the decision the Court of Appeals have made. The petitioners argued that the actions of the relevant respondent was in violation of the Fourteenth Amendment by denying the legal recognition of their marriage that was legally performed in a state outside of the one they resided in, or either denying them the right to marry (Obergefell et al. v. Hodges). The petitioners argued that their respect for the institution of marriage is what they were seeking legal rights for themselves. The Court ruled with a majority of 5 to 4 that was in favor of the petitioners. The majority decision was decided by Justice Ginsburg, Sotomayor, Breyer, Kagan and finally Kenndey, who delivered the Court’s opinion. The majority started by touching upon the evolution of the institution of marriage over time, but socially and legally, and that there were states who were divided on the issue of same-sex marriage. The liberties that were protected by the Due Process Clause which was “nor shall any state deprive any person of life, liberty, or property, without due process of law”,…

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