For most of the 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:
“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.”
Using what you have learned about critiquing government policy that contributes to inequality, examine the case of Obergefell v. Hodges. What are some of the possible implications to overturning states power to determine what constitutes marriage? Record your answer in 1-2 sentences.
(2 points)