250 word discussion post professor

Should Congress have acted in this case instead of the Supreme Court, given that Article I of the Constitution gives the power to make laws to Congress? Please explain in 250 words and one source.

Original post:

Obergefell Vs. Hodges is a landmark civil case in regards to same-sex marriage. The ruling of the case made same-sex marriage a fundamental right in America. The Supreme Court in its ruling ensured that individuals of the same sex are in a position to get married, both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment confirmed this. All fifty states in the U.S are compelled to treat marriages of same-sex individuals as equally as the opposite-sex marriage. The appellants of the case comprised of couples of similar sex who sued their states, which included Ohio, Michigan, Kentucky as well as Tennessee. They challenged the bans instituted on same-sex marriage by those states and whether it was constitutional. They further argued that there was a violation by the states in the Equal Protection Clause, Due Process Clause in the Fourteenth Amendment as well as claims under the Civil Rights Act were bought by one group (The-Editors-of-Encyclopaedia-Britcania,2015).

Before and after the ruling on Obergefell Vs Hodges, many people criticized the law on same-sex marriage, and they posed questions in regards to morality, religious aspect, and the government’s view on the law (Yoshino, 2015. Some sought insight regarding the source of the law and where it emerges. These were questions in regards to the Fourteenth Amendment. The first question was if the marriage among individuals of the same sex was a prerequisite to be licensed as per the Fourteenth Amendment. The second question posed of the same kind is whether it was a requirement in the Fourteenth Amendment for a state to recognize marriage performed and licensed in a different state by persons of the same sex.

The debate on whether same-sex marriage should be performed and recognized should be done away with, and states should comply with it. This is due to the laws on marriages which support it and the various rulings regarding the same. One of the leading cases which was the United States vs Windsor saw the repealing of a section of the federal defense of Marriage Act, and this was because it recognized marriage as a union shared between a man and a woman. The Act made her pay $363,053 as it prevented her from being referred to as Spyer’s spouse. Thus the Act was repealed as its definition violated the equal protection clause and hence rendered unconstitutional. The ruling of the case also enforced state bans on same-sex marriage unconstitutional (Gullen, 2018).

Also, same-sex marriages should be recognized and performed by all states due to the ruling by the U.S. Department of Treasury. The verdict was that same-sex couples that legally married in any state, a territory of the US, the District of Colombia, or any foreign country. The federal tax provisions shall recognize them as married. However, it excluded domestic partnerships and civil unions by same-sex couples. Another reason as to why same-sex marriage should be recognized and states required to perform such marriages is the ruling in Loving Vs. Virginia. Through its verdict, all states in the U.S should ensure their marriage laws abide by the decisions by the Supreme Court of the U.S. The rulings recognize marriage as a fundamental right guaranteed by the Equal Protection Clause and the Due Process of the Fourteenth Amendment.

Question Two-Do you agree or disagree with the ruling in Obergefell v Hodges

I do agree with the ruling in Obergefell v Hodges which was delivered by Justice Anthony M. Kennedy in the 5-4 majority. From a legal point of view, the Fourteenth Amendment through the Due Process provides the right to marry as a basic right that it is obligated to protect and that it also includes same-sex couples, just as in the way it does for opposite-sex couples. Furthermore, the right to marry has been held as a fundamental right using judicial precedents, and this is by it being inherent to all by being human. It offers security to the intimate relationship between individuals, and protects children as well as families by ensuring it is legally recognized to build a home and bring up kids. It has been acknowledged to be the cornerstone and foundation of social order. There is no reasonable difference that has been brought up between same-sex and opposite-sex marriage and in regarding principles set forth.

For this reason, same-sex couples being excluded from having a right to marry is violating the Due Process Clause of the Fourteenth Amendment. To add on the same, the Equal Protection Clause under the Fourteenth Amendment provides the right for same-sex couples to marry as denying them that right would in turn restrict same-sex couple’s equal protection as per the law. All through history, right to marry has always been safeguarded and addressed by both aspects of the Fourteenth Amendment, and the principles of liberty and equality have equal force in their application to the cases. Thus, the constitution safeguards the fundamental freedom of same-gender marriage (Brody, 2015).

In conclusion, it is rulings from cases involved with same-sex marriage that has made it a fundamental right. Obergefell v Hodges is the landmark case that saw all states compelled to recognize as well as execute same-sex marriage in a way that it would opposite sex-marriage. The parts of the Fourteenth Amendment have enabled same-sex marriage to be identified, and thus, the constitution provides for the basic right of similar-sex couples to marry.


The-Editors-of-Encyclopaedia-Britcania. (2015, April 20). Obergefell v. Hodges. Encyclopedia Britannica. https://www.britannica.com/event/Obergefell-v-Hodges

Gullen, L. (2018, October 10). Recognition of Existing Same-Sex Marriages.

Yoshino, K. (2015). A New Birth of Freedom?: Obergefell v. Hodges. Harv. L. Rev., 129, 147.

Brody, R. (2015, February 27). Should All States Have to Recognize Same-Sex Marriages? U.S. News & World Report: News, Rankings and Analysis on Politics, Education, Healthcare and More

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