Obergefell V. Hodges: Case Study

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Obergefell v. Hodges
Name of case. Obergefell v. Hodges.
Year. 2015.
Issue or question before the Court. Whether the Fourteenth Amendment requires a State to recognize a same sex marriage licensed and performed in a state which does grant that right? The big, broadly stated issue is: Does the Constitution (and/or its Amendments) require States to treat same sex marriages on the same terms and conditions as marriages between persons of opposite sex? Facts of the case. His case concerned three fact scenarios with three different couples consolidated to answer the same legal issues. The first couple was a same sex male couple from Ohio who were together over 20 years. After one developed a debilitating disease, they decided to marry in Maryland,
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Each of the four Justices who dissented wrote separate opinions which explained their reasons for disagreeing with the majority of the Court. The dissenting opinions, when added together were actually longer than the majority opinion. Each dissent varied slightly as to their rationale. First, and longest was the dissent of Chief Justice John Roberts. The theme of Justice Robert’s dissent is that while the policy, humanity, and social arguments for extending marriage to same-sex couples may be compelling, the legal arguments are not. Justice Roberts believes that the definition of marriage should be made by the States and left to the States. He states that the Constitution does not enact any theory of marriage and that the Court has overreached and acted in an act of will, rather than following the law. As a democratic republic, he would simply leave the question to the people of the State to …show more content…
The Loving v. Virginia case is a good example. Although they weren’t of the same-sex, they only had a different color of skin. They had just as much as a right to be with whomever they sought to be with. So, I ask myself this question, why is it any different with same-sex couples. Also, I disagree with the United States v. Windsor case. If a heterosexual couple gets married in Colorado, but live in Oklahoma, will their marriage still be legal when they get back home? Yes. Although, if a homosexual couple did the same thing, would their marriage still be legal? No. It is a double standard. Everyone should be given the same rights as Americans. If people want to do that, then it is their right. I just do not want those couples doing those things around me or in my face. I do agree with these arguments, but I will never agree with same-sex marriage because of my religious beliefs. I am strong Christian and that is not something I will never give up. Not for anyone or

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