Obergefell v. Hodges (2015) is commonly referred to as the same-sex marriage case that
legalized same-sex marriage at the federal level
in the United States. Each preceding case dealt with harm experienced by same-sex couples as a consequence of not having access to the institution of marriage. …
How does Obergefell V Hodges exemplify federalism?
On the first issue, Obergefell argues that
Ohio's recognition bans violate the Fourteenth Amendment and are inconsistent with Windsor
. Hodges counters that Windsor upholds federalism by deferring to the states' authority to recognize same-sex marriages.
What is the significance of the Obergefell V Hodges case?
Decided on June 26, 2015, Obergefell
overturned Baker and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions
. This established same-sex marriage throughout the United States and its territories.
How did Obergefell V Hodges change the balance of power between the national government and state governments?
Hodges affected the balance of power between the federal and state governments by stating, “Obergefell v. … This case shifted the balance of power to the federal government,
as it gave the federal power over the states, as the states could not refuse gay people the right to marry
.”
What is the significance of Obergefell V Hodges quizlet?
Obergefell v Hodges is the Supreme Court case where it was ruled that
the fundamental right to marry is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause
.
What level of scrutiny was used in Obergefell V Hodges?
Additionally, under the Fourteenth Amendment's substantive due process guarantees, state action that infringes upon a fundamental right—such as the right to marry—is subject to a
high level of judicial scrutiny
Where did Obergefell V Hodges originate?
Obergefell v. Hodges is a consolidation of
six-lower court cases from Michigan, Ohio, Kentucky and Tennessee
. Originally DeBoer v. Snyder (2014), involved a female couple that was not legally married (only had commitment ceremony due to the state's ban on same-sex marriages) and wanted to adopt three children.
What is the constitutional approach to federalism?
Federalism is the system of government in which
sovereignty is constitutionally divided between a central governing authority and constituent political units
. It is based upon democratic rules and institutions in which the power to govern is shared between national and state governments, creating a federation.
What is Justice Scalia's primary dispute with the Obergefell V Hodges decision?
Justice Scalia argued that
the question of whether same-sex marriage should be recognized is one for the state legislatures
, and that for the issue to be decided by unelected judges goes against one of the most basic precepts of the Constitution: that political change should occur through the votes of elected …
What implications did the decision in United States v Lopez have on the balance of power between the federal government and state governments?
Lopez changed the balance of power between the national and state governments by stating, “The court case United States v. Lopez
was a case regarding guns in school zone
. … The court ruled that it was under states power to decide about the right to bear arms in school zones.”
What were the two main issues in the Obergefell V Hodges case quizlet?
The plaintiffs in each case argued that
the states' statutes violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment
, and one group of plaintiffs also brought claims under the Civil Rights Act.
What was the significance of the Plessy v Ferguson case quizlet?
Plessy v. Ferguson was a landmark 1896 U.S. Supreme Court decision that
upheld the constitutionality of racial segregation under the “separate but equal” doctrine
. The case stemmed from an 1892 incident in which African-American train passenger Homer Plessy refused to sit in a car for blacks.
Why is Loving v Virginia a historical case quizlet?
Virginia's Opinion was that
it was against the law to have an inter-racial marriage in Virginia
. Us Supreme Court's Opinion was that Virginia's law was breaking the 14th amendment and that they could not hold Loving for the inter-racial marriage.
What falls under intermediate scrutiny?
An example of a court using intermediate scrutiny came in
Craig v. Boren, 429 U.S. 190 (1976)
, which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review.
How do you cite Obergefell V Hodges?
Parenthetical citation: (
United States, Supreme Court
). United States, Supreme Court. Obergefell v. Hodges.
What is the rational basis standard?
From Wikipedia, the free encyclopedia. In U.S. constitutional law, rational basis review is
the normal standard of review that courts apply when considering constitutional questions
, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
