"Obergefell v. Hodges"

Question

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

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

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

Answer 1

The correct response is:

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

In the excerpt, Justice Kennedy references Griswold v. Connecticut to support the argument that marriage is a fundamental right, framing it as an important and intimate association that warrants legal protection. By citing this precedent, he reinforces the notion that the right to marry, including same-sex marriage, is protected under constitutional principles.