Obergefell v. Hodges by Josiah Bamberg https://padlet.com/jbambe5677/hvpi1zplxtjnd805 Made with an open mind en-us 2020-11-19 01:23:52 UTC 2025-12-02 23:21:32 UTC hello@padlet.com Obergefell v. Hodges jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939469167 The case "Obergefell v. Hodges" happened in the year 2015 ]]> 2020-11-19 01:24:16 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939469167 Justices jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939469738 The Cheif Justice at this time- and currently- is Justice John Roberts. The other supreme court justices who decided this case, also known as the associate justices, were Ruth Bader Ginsburg, Samuel Alito, Sonia Sotomayor, Elena Jagan, Anthony Kennedy, Clarence Thomas and Antonin Scalia. 

]]> 2020-11-19 01:24:35 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939469738 Case Background jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939470493 Several same-sex couples in various states like Ohio and Michigan challanged their states laws on same sex marriage recognition and also allowing same sex marriage. They all argued that the state violate the 14th amendment, which states equal protection for all. Even though the trial courts in the states ruled in favor of the plaintiff, the U.S Court of Appeals did not agree.

]]> 2020-11-19 01:24:59 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939470493 Judicial Activism or Judicial Restraint. jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939471126 This is judicial activism. This is the first time same-sex marriage has been legal in all fifty states, making this a new decision. It also overruled Baker v. Nelson. 

]]> 2020-11-19 01:25:19 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939471126 U.S Court of Appeals Sixth Circuit jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939471564 Decision- Ohio’s ban on same-sex marriage did not violate the constitution. ]]> 2020-11-19 01:25:32 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939471564 Concurring and Dissenting Opinions jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939472498 There are four dissenting opinions. Chief Justice Roberts said that the Supreme Court does not have a say in this matter because it is not discussed in the constitution. He adds that the American people have the right to make this a law if they wanted to. Associate Justice Alito agrees, although he wrote a separate dissenting opinion. He agrees that the constitution does not say anything about same-sex marriage. Associate Justice Thomas stated that “the Due Process Clause does not provide a basis for creating new substantive rights”. Antonin Scalia stated that the majority opinion is a “threat to American democracy”. I could not find any concurring opinions, but I did find a majority opinion. 

]]> 2020-11-19 01:26:02 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939472498 Majority Opinion jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939472972 In a 5-4 vote, Justice Anthony Kennedy gave the majority decision, ruling that the 14th amendment does give same-sex couples the right to mary, and this has to be recognized in all fifty states, even if the marriage did not happen in the state a citizen resides. He stated that marriage is a fundamental right protected by Due Process under the 14th amendment. He cited Loving v. Virginia, Zablocki v. Redhail and Lawrence v. Texas. 

]]> 2020-11-19 01:26:17 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939472972 Questions the Supreme Court want to answer. jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939475856 There were two questions the  Supreme Court wanted to answer:
 Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? Yes, the 14th amendment requires a state to licence a mariage between a same sex couple. 
 
Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state? Yes, the 14th Amendment requires all states to recognize marriage licences from other states in America, even if it is a same-sex couple. 


]]> 2020-11-19 01:27:47 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939475856 Petitioner's Oral Argument jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939520925 The petitioner argues that same sex marriage is constitutiol and should be recoqnized because of the 14th Amendment. ]]> 2020-11-19 01:51:13 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939520925 Respondent's Oral Arguments jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939521749 The respondents argued that states can chose wether or not they want to recognize same sex marriage licences from different states, even if it is illegal in that current state.]]> 2020-11-19 01:51:42 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939521749 Significance of Case jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939531310 This is an extremely important supreme court case. It extened the right to marry to same-sex couples, making it legal nationwide for same-sex couples to get married. 


]]> 2020-11-19 01:57:01 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939531310 jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939536416 2020-11-19 01:59:48 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939536416 jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939537251 2020-11-19 02:00:16 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939537251 jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939542281 2020-11-19 02:03:02 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939542281 jbambe5677 https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939544094 2020-11-19 02:04:03 UTC https://padlet.com/jbambe5677/hvpi1zplxtjnd805/wish/939544094