7 Jul 2022

81

Obergefell v. Hodges Case

Format: Other

Academic level: University

Paper type: Case Study

Words: 806

Pages: 3

Downloads: 0

What Was The Case About? 

Obergefell V. Hodges is a case that was argued at the Supreme Court which endorsed same-sex marriage in all the 50 states. The case was a result of a man known as James Obergefell prosecuted his home state Ohio. His motive was to make it known to the people of Ohio why banning of gay marriage was not right, and it violated his rights as a citizen. Obergefell was lawfully married to his partner in 2013 in Maryland. When they moved to Ohio, Obergefell alleged that the state was discriminating same-sex marriage. Obergefell wanted to be recognized as the Arthur’s surviving spouse by the Ohio registrar on his death certificate based on the Maryland marriage laws since Arthur was fatally sick and was diagnosed with ALS. 

The 50 states of the United States recognized marriage as a union between a woman and a man. The petitioners of the case were gay couples while the respondents were senior officials from Ohio, Michigan, Kentucky, and Tennessee. The petitioners argued that the respondents were in the frontline of violating the 14th Amendment by strictly denying and disapproving their freedom and right to marry by failing to recognize their legal gay marriages. On the other hand, the respondents argued that the constitution was very clear about what a marriage union involved. They claimed that marriage was a union between two grown individuals of opposite sex and that same-sex marriage was against the law. The respondents held that same-sex marriage would mislead the children and the next generation of America. 

It’s time to jumpstart your paper!

Delegate your assignment to our experts and they will do the rest.

Get custom essay

Supreme Court Ruling 

The court ruled that the Fourteenth Amendment gives room for all states in America to allow gay marriages. The judge added that the amendment allows the recognition of unions of gay citizens from the other states. Justice Kennedy is the one who wrote the majority opinion. He claimed that marriage is the most profound union because it accommodates fidelity, family, sacrifice, love, as well as devotion. He said that the marital union makes two different people who share the same interest to come together and become a prominent thing than they were before. 

Justice Kennedy further added that judging gay people for their decision of marrying each other was wrong. The Justice claimed that the couples did not wish to be discriminated and condemned for their decision. He added that they are human beings who need to be handled with dignity by other people and the law as well because the constitution takes care of their rights as human beings. It is essential to note that this was a historic 5-4 majority opinion ruling in the history of the United States. 

The Four Dissenting Opinions 

Justice Clarence ruled that gay marriage should be banned and be left out of individual states to define law marriages. He alleged that the majority decision could cause significant ruinous consequences for religious liberty. Nonetheless, he added that the state did not physically restrain gay couples from engaging in same-sex marriage hence ruling away the issue of freedom for gay people. 

Chief justice John Roberts noted that the majority ruling was disheartening and termed it as an activist decision. He added that judges had no powers to make laws instead the majority would have just interpreted the law and the issue of same-sex marriage be left for the states to determine their fate on this issue. 

Justice Antonin Scalia referred the majority ruling as “Judicial Putsch.” He held that the issue of same-sex marriage should be banned for the time being since the majority decision caused more harm by diminishing the reputation of the Supreme Court which is expected to provide sober analysis and clear thinking. 

Lastly, Justice Samuel Alito dissenting opinion was that, traditionally, marriage is supposed to be inextricably meant for procreation. He further pointed out that the majority decision will be applied to slander Americans who are against the new orthodoxy bearing in mind that they are the majority. He backed up the notion that the court had no powers to determine such a case. 

Legal Justification of the Supreme Court Ruling 

The rationale of the ruling of the Supreme Court required the states to recognize and license gay marriages on four pillars. The pillars claim that same-sex marriages safeguard kids and families, they protect social order, they are a form of individual anatomy, and they are an essential union to the individuals involved. 

The decision of the Supreme Court gave the fifty-five states of America the liberty to practice same-sex marriage. It also covered those who decided to get married under the ruling of the court. Those whose marriages were not recognized before the ruling of the Supreme Court found the liberty to conclude their unions after the verdict. The Supreme Court of the US granted same-sex couples the rights of inheritance amongst other rights and benefits enjoyed by opposite-sex couples. 

My Opinion 

The Supreme Court made the right decision by legalizing same-sex marriage. The constitution advocates for the protection of the rights of every citizen in the United States against any form of discrimination. Legalizing gay marriage enabled couples to be relieved and helped them to subscribe their confidence in the justice system of the United States. A Supreme Court that legally considers the interests of everyone before making a ruling is the best. 

Illustration
Cite this page

Select style:

Reference

StudyBounty. (2023, September 14). Obergefell v. Hodges Case.
https://studybounty.com/obergefell-v-hodges-case-case-study

illustration

Related essays

We post free essay examples for college on a regular basis. Stay in the know!

Cruel and Unusual Punishments

Since the beginning of society, human behaviour has remained to be explained by the social forces that take control. Be it negative or positive, the significance of social forces extend to explain the behaviour of...

Words: 1329

Pages: 5

Views: 104

Serial Killers Phenomena: The Predisposing Factors

CHAPTER 1: INTRODUCTION _Background information _ Ronald and Stephen Holmes in their article _Contemporary Perspective on Serial Murder_ define a serial killer as anyone who murders more than 3 people in a span...

Words: 3648

Pages: 14

Views: 442

Patent Protection Problem

A patent offers inventors the right for a limited period to prevent other people from using or sharing an invention without their authorization. When a patent right is granted to inventors, they are given a limited...

Words: 1707

Pages: 6

Views: 275

General Aspects of Nonprofit Organizations

Nonprofit organizations are prone to the long and tedious legal process of start-up as compared to their for-profit organizations. However, there are similar rules that govern the startup and the existence of both...

Words: 294

Pages: 1

Views: 73

Contract Performance, Breach, and Remedies: Contract Discharge

1\. State whether you conclude the Amended Warehouse Lease is enforceable by Guettinger, or alternatively, whether the Amended Warehouse Lease is null and void, and Smith, therefore, does not have to pay the full...

Words: 291

Pages: 1

Views: 134

US Customs Border Control

Introduction The United States Border Patrol is the federal security law enforcement agency with the task to protect America from illegal immigrants, terrorism and the weapons of mass destruction from entering...

Words: 1371

Pages: 7

Views: 118

illustration

Running out of time?

Entrust your assignment to proficient writers and receive TOP-quality paper before the deadline is over.

Illustration