On June 26th, 2015 the United States Supreme Court handed down a much anticipated decision answering whether or not the Fourteenth Amendment of the Constitution requires a State to license a marriage between two people of the same sex.[1] In a divisive 5-4 decision, the majority ruled that marriage as a fundamental liberty applies to same-sex couples. Although, Obergefell v. Hodges was facially related to the LGTBQ movement, in reality, this case was pivotally about the Supreme Court's role in our society. Obergefell was a fisticuff battle between liberal and conservative jurisprudence over the Court’s influence on the democratic process in America. This paper will attempt to show that the majority’s ruling, and the reasoning they used to reach it, was inconsistent with the Framers’ wishes for the role of the Court in our constitutional democracy.
[1] "Obergefell v. Hodges." Oyez, 3 Dec. 2017, www.oyez.org/cases/2014/14-556.
| Identifer | oai:union.ndltd.org:CLAREMONT/oai:scholarship.claremont.edu:cmc_theses-2870 |
| Date | 01 January 2018 |
| Creators | Anderson, Nolan |
| Publisher | Scholarship @ Claremont |
| Source Sets | Claremont Colleges |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | CMC Senior Theses |
| Rights | © 2017 Nolan K. Anderson, default |
Page generated in 0.0026 seconds