The of Ohio, Western Division (“{{Meta.pageTitle}}.”). Obergefell v. Hodges

The Fourteenth Amendment states, “all people born or naturalized in the United States… shall make or enforce any law which shall abridge the privileges or immunities of a citizen of the United States; nor shall any State deprive any person of life, liberty, or property, without Due Process of Law”. In this case of Obergefell v. Hodges, a couple tried to fight for same-sex marriage by using the power of the Fourteenth Amendment. The case Obergefell v. Hodges was granted on January 16, 2015, argued on April 28, 2015, and decided on June 26, 2015 (“{{Meta.pageTitle}}.”). The case of Obergefell v. Hodges was decided by the Roberts Court and was located at the United States District Court of the Southern District of Ohio, Western Division (“{{Meta.pageTitle}}.”). Obergefell v. Hodges same sex couple had sued State agencies in four States: Ohio, Michigan, Kentucky, and Tennessee. The couple challenged the constitutionality of the four States for the ban on same-sex marriage and the refusal to recognize legal same-sex marriages that was under jurisdiction. During the process of suing the four States, plaintiffs argued that the states had violated the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment. Alongside an additional plaintiff that brought claims of the Civil Rights Act. (“{{Meta.pageTitle}}.”). In the end of the case of Obergefell v. Hodges, the U.S. Court of Appeals of the Sixth Circuit had reversed and held the four States’ ban on same-sex marriage and refusal to recognize marriages performed in other States to not be a violation of the Fourteenth Amendment right to Equal Protection and Due Process (“{{Meta.pageTitle}}.”). The verdict of the case was a 5-4 majority vote delivered by Justice Anthony M. Kennedy. The Court held that the Fourteenth Amendment allowed people to have the liberty of same sex marriage. Opposite-sex marriage and same-sex marriage is considered equal. If same-sex marriage did not have the respect of opposite-sex marriage than it would violate the Due Process of the Fourteenth Amendment because of the Equal Protection Clause. The Equal Protection Clause of The Fourteenth Amendment lets the “fundamental liberty of people to inherit the liberty of individual autonomy” (“{{Meta.pageTitle}}.”). Which mean that everybody has a set of natural rights for being a human., it means that every human has a set of rights they are protected by for being born or naturally given. It also protects couples that are serious about their relationship with children because of natural rights. In addition, the First Amendment also protects the right of religious beliefs, however it does not allow States the deny same-sex marriage. Even with a 5-4 majority vote, Disagreeing opinions on same-sex marriage still remains. Chief Justice John G. Roberts, Jr. is one of the multiple Justices that disagreed with the policy of the Fourteenth Amendment. His reasoning is that the Constitution does not address the problem of same-sex marriage. The Constitution does not address same-sex marriage, so the Court should not have the right to decide (“{{Meta.pageTitle}}.”). The Constitution and previous cases have decided that the Fourteenth Amendment protects the right to marry, but still needs the State to requires laws on regards of marriage equality. The Court should not have the power to decide with Judicial activism by using similar cases regarding the right to marry. Instead of letting the Court decide on if same-sex marriage should be legal or not, Justice John G. Roberts, suggest that the States should decide if they want to change the policy of marriage. Other Court Judges also disagreed with the majority vote. The opinion of the majority rely on the explanation of the Due Process and the Equal Protection Clause of the Fourteenth Amendment. Another Justice named Chief Justice Roberts argued that because the majority vote was decided by the careful reading of the Due Process along with the Equal Protection Clause within the Fourteenth Amendment (“{{Meta.pageTitle}}.”). In addition, Justice Antonin Scalia said that the Court had “overstepped boundaries by exercising the legislative power and not judicial power” (“{{Meta.pageTitle}}.”). Even though Justice Antonin Scalia thinks that the Court has overstepped their boundaries it was a good decision that they did. In the end, Justice Scalia also thinks that the Court Justices should not have decided the case, but the State Legislators because it goes against the rules of the Constitution (“{{Meta.pageTitle}}.”). Additionally, Having people agree on same-sex marriage is better for the Court because the Court has people with similar opinions to citizens on agreeing or disagreeing about having same-sex marriage available. But in the end, there will always be people who disagree and people who agrees. Furthermore, there will always have people disagreeing with what is passed and continue to stick with what they believe in. Justice John G. Roberts, Jr. and Justice Scalia disagrees with same-sex marriage along with Justice Thomas. He believed that both the Fifth and Fourteenth Amendment were meant to “protect people from physical restraint and from the government’s intervention, but that does not mean the Court has the right to Government entitlements” (“{{Meta.pageTitle}}.”). This means that the Court should not have the power to grant rights to citizens or non-citizens. He also believed that majority vote had gone against religious freedom, so because of that Justice Thomas continues to believe that the State Legislators should have the ability to decide for themselves on making same-sex marriage legal in their States (“{{Meta.pageTitle}}.”). After the case of Obergefell v. Hodges, the impact of the Court’s ruling on American law changed. After the prior ruling on same-sex marriage in the United states thirty-seven states legalized same-sex marriage, including the District of Columbia (“State Same-Sex Marriage State Laws Map”). Since the case of same-sex marriage was passed, most of the United States legalized same-sex marriage. Having states legalizing same-sex marriage is a big step in American culture. This shows that people in the United States has the ability to practice on what they believe in.