"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."

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."

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?

A. by comparing contraception ban to same-sex marriage bans
B. by emphasizing the importance of marriage
C. by citing precedent that marriage in any form is a fundamental right
D. by challenging the idea that marriage is a unique institution

Answer 1

B. by emphasizing the importance of marriage

In the excerpt, Justice Kennedy highlights the fundamental nature of the right to marry by discussing the unique and special nature of marriage as a two-person union that is sacred, enduring, and intimate. This emphasis on the importance of marriage strengthens Justice Kennedy's argument that the right to marry is a fundamental right protected by the Constitution.