For most of our nation’s history, states had the power to define marriage as only ‘between a man and woman.’ The Supreme Court case of Obergefell v. Hodges overturned this state power when it stated the following:

Question

“Four principles and traditions demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples. The first premise of this Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy . . . 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. . . . A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education. . . . Finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of the Nation’s social order.”

In 2-3 sentences, using the skills you learned for critiquing governmental policies that overturned inequality, examine the case of Obergefell. What are some possible advantages and disadvantages of this governmental policy?

Answer 1

The Obergefell v. Hodges decision provided same-sex couples with the equal right to marry, which helped to promote equality and inclusivity in society. By recognizing the importance of marriage in supporting committed relationships, the decision also helped to strengthen families and provide legal protections for children. However, some may argue that the decision went against the traditional definition of marriage and undermined states' rights to define marriage within their own jurisdiction. Additionally, some individuals may have religious or moral objections to same-sex marriage.