Obergefell V. Hodges Supreme Court Case Analysis

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The ruling in the Obergefell v. Hodges Supreme Court case was decided on June 2015. With a 5-4 decision, the right to marriage, originally saved for “traditional” couples meaning man and women, was extended to same-sex couples. This would overrule any states previous laws against same-sex marriage. This marriage would become legal throughout the entire country. Although, the Supreme Court made this ruling, many against gay rights argue that it is unconstitutional. The Fourteenth Amendment to the Constitution of the United States clearly states that the laws of the country protect all citizens equally. This amendment extends the right to marriage to same-sex couples. The fight for gay rights did not begin in the twenty-first century, but can …show more content…
Meaning that power is divided between the national and state governments. Each have specific powers which the other cannot change or override. States not in favor of legalizing same-sex marriage claimed that the national government did not have the authority to overrule their laws. Nullification is “the historical idea that states can ignore federal laws, or pass laws that supersede them” (Graham) these states tried to nullify the Supreme Courts decision. Public officials in many states such as Ted Cruz support the idea that the Supreme Court’s ruling is not in fact the law of the land. While being interviewed by National Public Radio, Cruz commented on the Supreme Court decision, “They cannot ignore a direct judicial order. The parties to a case cannot ignore a direct judicial order. But it does not mean that those who are not parties to case are bound by a judicial order …” (Graham). Contrary to the statement made by Ted Cruz, the Supremacy Clause in the United States Constitution says that the constitution has authority over state laws, it has “ultimate authority in the U.S.” (Graham). If it is written in the Constitution, then the states cannot make laws against it or blatantly ignore the decision …show more content…
No one citizen is lesser than in the eyes of the law. Written on July 9, 1868, the amendment was originally meant to protect the rights of black citizens. After the civil war Jim Crow laws caused the segregation of blacks in public places, such as movie theaters and bathrooms. The amendment was made to push southern and boarder states in a segregation free direction. Although, it was mostly written for this purpose, the amendment gave all citizens equal protection under the law, this includes same-sex couples. Race or sexual orientation cannot affect a persons rights and protections under the law, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Cornell). Treating an individual or a group of people unfairly would be a direct violation of the United States

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