"Obergefell v. Hodges"

by Justice Anthony M. Kennedy

A second principle in this Court's jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. This point was central to Griswold v. Connecticut, which held the Constitution protects the right of married couples to use contraception. Suggesting that marriage is a right "older than the Bill of Rights," Griswold described marriage this way:

"Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."

Obergefell v. Hodges, 576 U.S. ___ (2015)

Question
Use the excerpt from the Supreme Court majority opinion in Obergefell v. Hodges, written by Justice Kennedy, to answer the question.

How does the quotation strengthen Justice Kennedy’s argument?

(1 point)
Responses

by emphasizing the importance of marriage
by emphasizing the importance of marriage

by challenging the idea that marriage is a unique institution
by challenging the idea that marriage is a unique institution

by comparing contraception ban to same-sex marriage bans
by comparing contraception ban to same-sex marriage bans

by citing precedent that marriage in any form is a fundamental right
by citing precedent that marriage in any form is a fundamental right
Skip to navigation

1 answer

The quotation strengthens Justice Kennedy’s argument by emphasizing the importance of marriage. It highlights the unique qualities of the marriage relationship, describing it as a significant and sacred union that fosters commitment and harmony in living. This framing underlines the argument that the right to marry, regardless of the individuals' sexual orientation, is fundamental to personal identity and dignity.