Question

"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)

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)

by emphasizing the importance of marriage

by comparing contraception ban to same-sex marriage bans

by challenging the idea that marriage is a unique institution

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

Answer 1

by emphasizing the importance of marriage

The Griswold passage characterizes marriage as intimate, enduring, and "sacred," reinforcing Kennedy's point that marriage is a fundamental, uniquely important union.