Obergefell v. Hodges: Framing Fundamental Rights

14 Pages Posted: 30 Jun 2015 Last revised: 7 Nov 2015

See all articles by Susannah Pollvogt

Susannah Pollvogt

University of Arkansas, Fayetteville, School of Law

Date Written: June 29, 2015

Abstract

While Justice Kennedy posed his analysis in Obergefell first as a due process question, followed by an equal protection echo, his fundamental rights inquiry is at heart about equal protection values and cannot be isolated from them. This is because he resolved the question of how to properly frame the right at issue by analyzing whether same-sex couples were similarly situated to opposite-sex couples with respect to those attributes that make the marriage right fundamental in nature. In so doing, Justice Kennedy provided important guidance to lower courts and advocates on how to argue equal protection claims in the absence of suspect classification status.

Keywords: Obergefell v. Hodges, same-sex marriage, equal protection, fundamental rights

Suggested Citation

Pollvogt, Susannah, Obergefell v. Hodges: Framing Fundamental Rights (June 29, 2015). Available at SSRN: https://ssrn.com/abstract=2624725 or http://dx.doi.org/10.2139/ssrn.2624725

Susannah Pollvogt (Contact Author)

University of Arkansas, Fayetteville, School of Law ( email )

260 Waterman Hall
Fayetteville, AR 72701
United States

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