Case Analysis Obergefell V. Hodges - 1136 Words

In Obergefell v. Hodges, the United States Supreme Court held that same sex couples can now exercise the fundamental right of marriage nationwide. Justice Kennedy reached this result by redefining what marriage is. James Obergefell and John Arthur married in Maryland in 2013. They lived in Ohio, which did not recognize same sex marriage. When John Arthur was diagnosed with ALS, the couple sued to have Obergefell’s name placed on the death certificate as a surviving spouse. The U.S. District Court overturned Ohio’s law banning same-sex marriage. The respondents appealed to the United States Court of Appeals for the Sixth Circuit. On appeal, the decision was reversed; therefore, Arthur’s death certificate could not have Obergefall’s name on it. The case was brought to the Supreme Court and consolidated with three similar cases. The Supreme Court’s decision finalized the questions of whether states have the right to pass laws treating marriages differently based upon sex, and if states have to acknowledge the marriage of same-sex couples who were married in another state. On a 5-4 decision, the Court determined that the Fourteenth Amendment requires states to issue marriage licenses to same-sex couples because they cannot be treated differently than opposite sex couples. The court also determined that states have to recognize same-sex marriages the same way they do with opposite-sex. However, the Supreme Court did not create a law about same sex marriage, it just stated thatShow MoreRelatedThe Constitutional History II On The United States1544 Words   |  7 PagesClause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States Supreme Court when analyzing US Constitutional History, but the real question is whether or not this case was decided and analyzed using the framework of legalRead MoreLegalization Of Same Sex Marriage1256 Words   |  6 Pagesbecause of popular case which is called the Obergefell v. Hodges (2015). This very important case involved â€Å"14 same-sex couples and two men whose same-sex partners are deceased† in this case the couples argued that the â€Å"state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause.† The supreme court ruled in favor for this case because in the 14thRead MoreWhy Did The 14th Amendment Guarantees Equal Protection Under The Law?1092 Words   |  5 PagesStates. This all occurred becaus e of the Obergefell v. Hodges (2015) case. This very important case involved â€Å"14 same-sex couples and two men whose same-sex partners are deceased† and the couples argued that the â€Å"state officials violated [their] 14th amendment by denying them the right to marry or to have marriages lawfully performed in another state given full recognition and also violated their equal protection Clause. The supreme court ruled for this case because in the 14th Amendment it clearlyRead MoreThe Tension Between Liberty And Equality2115 Words   |  9 Pagesequality are â€Å"slowly disclosed† and only become apparent in the long-term analysis, whereas those of liberty can be seen immediately and are â€Å"apparent to all† (203)—combined with the initial point, it appears far more valuable to men in the short-term to place greater value on equality. These two points are also valuable justifications when considering Tocqueville’s secondary argument to be discussed later in this analysis. Following from Tocqueville’s observations of the tension between libertyRead MoreConvention Of The States Argument Essay1024 Words   |  5 Pagesthe 12th and still most recent state to come on board with the Convention of the States. Over the last 40 years, 27 states have supported the idea, but only twelve have passed an application affirming approval (Personal Address). As stated in Article V of the Constitution, a Convention of the States would require a 2/3 approval from state legislatures (Texas Gov.). Most recently, the Convention of the States Project took pride in hitting three-million supporters nationwide. Advocates including SenatorRead MoreAnalysis Of Paul Loeb s Soul Of A Citizen1687 Words   |  7 Pagesbut also of the entire world as well. A good citizen will stand up for what they consider important. As the quote by Giroux states, it is a responsibility to others as well, as the brave citizen is doing the entire community a favor as well. The analysis inclu ded in this paper will allow a reader to fathom what it means to bring change about, to get one’s voice heard, and to stand up for one’s beliefs, hopes and desires. This paper will be proceeded in a manner that not only summarizes the key ideasRead MoreThe Power Of A Society s Justice System1581 Words   |  7 Pagesaffecting the nation’s international standing. Society’s shared understanding of values and its behaviors influenced by the Supreme Court’s rulings, while simultaneously, influencing international interpretations of justice, are exposed through the analysis of ideological and behavioral codes. Key to the understanding of American values and the Supreme Court’s rulings is the political theory interwoven between the nation’s framework. Liberty, justice, and equality are at the heart of American democracyRead MoreSame Sex Marriage Should Be Legal Under International Law1219 Words   |  5 Pagesand I call on all members of our UN family to unite in rejecting homophobia as discrimination that can never be tolerated at our workplace†. Ban Ki-moon, the 8th Secretary General of the UN, commented on the United States Supreme Court case Obergefell v. Hodges by saying, â€Å"A great step forward. Denying couples legal recognition of their relationship opens the door to widespread discrimination.† This shows the growth and change of open mindedness all around the world over past centuries (PublicRead MoreI Chose The United States Of America As My Case Study,1355 Words   |  6 PagesI chose the United States of America as my case study, due to its re markable design that is still in effect today. Although it’s far from perfect it has been present since 1776 without signs of it diminishing anytime soon. Understanding the reasons why it was established in the first place is crucial to grasping an educated analysis. Analyzing the United States’ history, background, and governmental design in a hypothetical approach will entail a better understanding in how and why it developed itsRead MoreThe United States1445 Words   |  6 PagesThe history of the United States tends to be understood through analysis of periods of conflict. From the Revolutionary War, to the Civil War, both World Wars, the Cold War (and its affiliate proxy incidents), and finally modern day. What this skeletal description misses are the individual struggles of people who spent their lives marginalized due to societal stereotypes and discriminatory legislation. Groups have been affected due to identities that include but are not limited to: race, re ligion