Unit 3 Individual Project- Evolution of Constitutional Recognitiion Obergefell v
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Unit 3 Individual Project
Evolution of Constitutional Recognition: Obergefell v. Hodges and the Path to Marriage
Equality
Brianca Gordon
American InterContinental University
CRJS400: Constitutional Law
Prof. Sarah Williamson Parrish
Tuesday, December 19, 2023
2
Evolution of Constitutional Recognition: Obergefell v. Hodges and the Path to Marriage Equality
Introduction: Setting the Legal Landscape
In the study of the 14th Amendment, substantive due process, and equal protection, a pivotal case emerges – Obergefell v. Hodges
. This landmark decision by the U.S. Supreme Court
in 2015 addressed the constitutional rights of same-sex couples, specifically delving into the principles of substantive due process and equal protection under the Fourteenth Amendment. As we explore this case, we will unravel the plaintiffs' arguments, the Court's ruling, and the societal
changes that influenced the judiciary's decisions, examining precedents such as Lawrence v. Texas and Bowers v. Hardwick
.
Plaintiffs' Arguments: Asserting Constitutional Violations
The plaintiffs in the Obergefell case put forth a compelling argument centered on substantive due process and equal protection rights. They contended that denying same-sex couples the right to marry based on their sexual orientation violated fundamental constitutional principles. The crux of their argument rested on the assertion that marriage is a fundamental right, and the denial of this right solely based on sexual orientation was a violation of their equal protection under the law (Oyez, n.d.c). This perspective reflected a growing recognition of the evolving societal norms and attitudes towards LGBTQ+ rights.
Court's Ruling: Affirming Constitutional Rights
The U.S. Supreme Court, in its historic ruling, unequivocally held that states must recognize same-sex marriage. This decision hinged on the interpretation of the Fourteenth Amendment, specifically emphasizing substantive due process and equal protection. The Court reasoned that the denial of the right to marry same-sex couples constituted a violation of their equal protection rights. It further asserted that marriage, as a fundamental right, should not be
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Evolution of Constitutional Recognition: Obergefell v. Hodges and the Path to Marriage Equality
confined to opposite-sex couples, recognizing the evolving societal understanding of individual autonomy and dignity (Oyez, n.d.c). This marked a significant shift in the legal landscape and a substantial step towards recognizing LGBTQ+ rights.
Historical Foundations: Precedents of Lawrence and Bowers
To comprehend the significance of Obergefell, it is imperative to examine the legal backdrop laid by precedents such as Lawrence v. Texas
and Bowers v. Hardwick
. Lawrence v. Texas, in 2003, played a pivotal role in challenging the anti-sodomy laws upheld by Bowers v. Hardwick in 1986. The societal changes reflected in these decisions highlight a transformative shift in perspectives, from endorsing laws criminalizing same-sex relationships to acknowledging the importance of individual autonomy and privacy. These cases collectively paved the way for Obergefell by challenging and overturning antiquated legal precedents (Academy 4SC, 2021a; ReasonTV, 2012).
Societal Changes: From Bowers to Lawrence to Obergefell
The progression from Bowers v. Hardwick
(1986) to Lawrence v. Texas
(2003) and finally to Obergefell v. Hodges
(2015) mirrors the evolving societal landscape regarding LGBTQ+ rights. In Bowers, the Court upheld a Georgia statute criminalizing sodomy, reflecting a conservative approach. However, Lawrence marked a paradigm shift, with the Court declaring such laws unconstitutional, citing a violation of equal protection. By the time Obergefell was decided in 2015, societal attitudes had undergone a substantial transformation, contributing to the
recognition of same-sex marriage as a constitutional right. This societal evolution played a crucial role in shaping the legal outcomes in these cases (Ropes & Gray, 2015; Academy 4SC, 2021b).
Dissenting Opinions: Traditionalism vs. Evolving Interpretation
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Evolution of Constitutional Recognition: Obergefell v. Hodges and the Path to Marriage Equality
Despite the majority opinion's recognition of same-sex marriage rights, dissenting justices in Obergefell contended that the Constitution did not explicitly address such unions. Their argument emphasized a more traditional approach, asserting that decisions regarding marriage policy should be left to the discretion of individual states. The dissenters argued against
what they perceived as judicial overreach, expressing concern about altering the millennia-old definition of marriage. This dissenting perspective illustrates the tension between a traditionalist interpretation and the evolving understanding of constitutional rights (Oyez, n.d.c).
Conclusion: A Constitutional Crossroads
Obergefell v. Hodges
represents a constitutional crossroads where legal principles intersect with societal evolution. By examining the plaintiffs' arguments, the Court's rationale, historical precedents, societal changes, and dissenting opinions, we gain a comprehensive understanding of the legal journey toward recognizing same-sex marriage. This case serves as a landmark in the ongoing narrative of constitutional interpretation, reflecting the dynamic interplay between legal decisions, societal shifts, and the pursuit of equality and justice.
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Evolution of Constitutional Recognition: Obergefell v. Hodges and the Path to Marriage Equality
References
Academy 4SC. (2021a). Lawrence v. Texas (2003) [Video]. https://academy4sc.org/video/lawrence-v-texas-2003/ Academy 4SC. (2021b). Obergefell v. Hodges (2015) [Video]. https://academy4sc.org/video/obergefell-v-hodges-2015/
lambdalegal. (2012, March 14). Overruled! The case that brought down sodomy laws (complete) [Video]. YouTube. https://www.youtube.com/watch?v=PZWjVh7OdFc Oyez. (n.d.a). Bowers v. Hardwick. https://www.oyez.org/cases/1985/85-140
Oyez. (n.d.b). Lawrence v. Texas. https://www.oyez.org/cases/2002/02-102
Oyez. (n.d.c). Obergefell v. Hodge. https://www.oyez.org/cases/2014/14-556
ReasonTV. (2012, May 4). Sex and the Supreme Court: The true story of Lawrence v. Texas [Video]. YouTube. https://www.youtube.com/watch?v=AELA8b480QU
Ropes & Gray. (2015, June 26). Supreme Court issues historic decision on marriage equality. https://www.ropesgray.com/en/newsroom/news/2015/June/Supreme-Court-Issues-
Historic-Decision-on-Marriage-Equality
USLawEssentials. (2014, April 16). What are the strict scrutiny, intermediate scrutiny, and rational basis tests [Video]. YouTube. https://www.youtube.com/watch?v=IzETeTvYDu4
USLawEssentials. (2016, March 23). What is incorporation of the Bill of Rights? [Video]. YouTube. https://www.youtube.com/watch?v=Z3cMEe2i2YE