"Obergefell v.Hodges"

Question

by Justice Anthony M. Kennedy
Applying these established tenets, the Court haslong held the right to marry is protected by theConstitution. In
Loving v. Virginia,
which invalidatedbans on interracial unions, a unanimous Court heldmarriage is "one of the vital personal rights essentialto the orderly pursuit of happiness by free men." TheCourt reaffirmed that holding in
Zablocki v. Redhail,
which held the right to marry was burdened by a lawprohibiting fathers who were behind on child supportfrom marrying. The Court again applied this principlein
Turner v. Safley,
which held the right to marry wasabridged by regulations limiting the privilege ofprison inmates to marry. Over time and in othercontexts, the Court has reiterated that the right tomarry is fundamental under the Due ProcessClause.
It cannot be denied that this Court's casesdescribing the right to marry presumed a relationshipinvolving opposite-sex partners. The Court, likemany institutions, has made assumptions defined bythe world and time of which it is a part. This wasevident in
Baker v. Nelson,
a one-line summarydecision issued in 1972, holding the exclusion ofsame-sex couples from marriage did not present asubstantial federal question.
Obergefell v. Hodges, 576 U.S. ___ (2015)
A)
Use the excerpt from the Supreme Courtmajority opinion in Obergefell v. Hodges,written by Justice Kennedy, to answer thequestion
.
Which element in the excerpt suggests that
stare decisis,
or court precedent, wasconsulted?
(1 point)
the reference to earlier, lower court
decisions
the reference to past cases that ruled on
the topic of marriage
the discussion of various constitutional
principles
the discussion of specific claims and
evidence from earlier cases

Answer 1

The element in the excerpt that suggests that stare decisis, or court precedent, was consulted is:

the reference to past cases that ruled on the topic of marriage.

In the excerpt, Justice Kennedy references significant prior Supreme Court cases, such as Loving v. Virginia, Zablocki v. Redhail, and Turner v. Safley, which illustrate the evolution of the understanding of the right to marry and how it has been treated under the Constitution. This demonstrates reliance on established precedent in reaching the Court's decision in Obergefell v. Hodges.