Obergefell V. Hodges Summary

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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
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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”, protected choices that were at the core of a person’s freedom and worth (Obergefell et al. v. Hodges). When there is a conflict between legislation and Constitutional provisions, it is the job of the Court to consider an assertion of liberty. When you apply these considerations, the Court has recognized that the Constitution has protected the right to marry, which was referenced in the case Loving v Virginia, where the Court found the bans on interracial marriage unconstitutional. The implication of the previous case that was concerned about opposite-sex marriages, established a far more important

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