CJ225_MooreW1Assignment

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Feb 20, 2024

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1 Obergefell v. Hodges, 576 U.S. Ashley Moore University of Grantham CJ225 Judicial Process Professor T.R. Hoefle January 16, 2024

2 Obergefell v. Hodges, 576 U.S. Court's decision and reasoning for the decision in Obergefell v. Hodges, 576 U.S. The case of Obergefell v. Hodges, 576 U.S 2015 served to define marriage and precisely same-sex marriage, a crucial provision of the Fourteenth Amendment of the Constitution under the Due Process and Equal Protection Clauses which the court decision focused on defining (HUSL, 2023). In a 5-4 vote, the Court ruled that the refusal of states to recognize same-sex marriage was against the Constitution. Justice Anthony Kennedy wrote the majority rule with was also signed by Justice Kagan, Breyer, Sotomayor, and Ginsburg who were in support of this ruling. This decision challenged the laws that most states had upheld denying same-sex couples the right to marry each other (HUSL, 2023). Justice Kennedy stressed the provisions that the Due Process and Equal Protection Clause of the Fourteenth Amendment provided served as the basis for understanding this law. In their reasoning, this majority judge bench argued that marriage was an essential component of the pursuit of happiness for any citizen. They contended that Due Process protected the liberty of anyone wishing to pursue happiness, which marriage provided in this case. While supporting this, they also argued that discrimination against sexual orientation went against the Equal Protection Clause of the Constitution. Justice Kennedy was emphatic about the role marriage between two people played in society and to the person (Cornell Law School, 2023). According to him, marriage, as a union between people, embodies family, devotion, fidelity, love, and sacrifice, making it a more significant component of society that should be protected under the law. He also added that since it is part of the Constitution, marriage is "inherent in the liberty of the person" and the more reason it deserves protection. Nonetheless, while dissenting, Justices Thomas, Scalia, Roberts, and Alito thought that by ruling the way it

3 did, the Court was playing the role that states should have played ("Obergefell v. Hodges," 2015). How does the Court's decision illustrate the intersection of law and politics? The Obergefell v. Hodges, 576 U.S. illustrates the intersection of law and politics due to its timing and the Justices' interpretation of the law. In this case, the decision was a form of judicial activism encompassing the justices interpreting the law based on the prevailing circumstances. Typically, based on the dissenting opinion, the issue of same-sex marriage was a democratic role that required participation from the public (Cornell Law School, 2023). Instead, as the majority decision ruled, same-sex marriage was a constitutional provision that was to be upheld. Notably, during the ruling of this case, there were political and societal tensions about same-sex marriages. Politically, different functions argued on the same-sex marriage issue. Socially, the society was also accepting the existence of the minority sexual groups. With this evolving perception, it was more common that the acceptance of same-sex marriage was a considerate matter. As such, the intersection between law and politics came about as support of same-sex marriage from a political standpoint influenced how the majority of Justices ruled on the case. While it was common for the decision about same-sex marriage to be a democratic decision, the fact that they chose to interpret the Constitution to fit the rising political pressures shows where the intersection occurs. In this case, politics and the dynamic society influenced the overall interpretation of the Constitution as law.

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