The Constitutional History II On The United States

Jessica Ginart Professor John Paul, JD November 11, 2015 Constitutional History II Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause 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†¦show more content†¦(Originalist v. Activism Interview) Instead of defining the constitution based on the context and values of the world the Framers knew, judges must decide cases based on the social conditions of future generations or how society’s views are going to evolve throughout time . (Originalist v. Activism Interview) Justice Kennedy did just that. He concluded his opinion in Obergefell by describing marriage is a profound union and that the nature of marriage â€Å"embodies the highest ideals of love†. Although the statements made by Kennedy were not really relevant to the core legal issues in the case of Obergefull v. Hodges. Since that was the case, how could the decision of a landmark Supreme Court case that was decided on mere judicial opinion be considered a significant decision of the US Supreme Court when analyzing Constitutional History? It can’t. Obergefell v. Hodges was not decided with legal precedent, but instead it was decided on mere judicial opinion.