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After Obergefell v. Hodges: The Continuing Battle Over Equal Rights for Sexual Minorities in the United States

22 Pages Posted: 6 Jan 2016 Last revised: 16 Jan 2016

Simone Chriss

University of Florida, Levin College of Law, Students

Danaya C. Wright

University of Florida Levin College of Law

Date Written: December 1, 2015

Abstract

This article examines the pathbreaking U.S. Supreme Court decision in Obergefell v. Hodges that held same-sex marriage was a fundamental right that could not be denied by any state, despite the myriad same-sex marriage bans that had been passed in a majority of states. After explaining the constitutional jurisprudence of due process and equal protection, the article then examines the history of the same-sex marriage movement and the Obergefell decision. We conclude by discussing how the jurisprudential theory of the case, fundamental rights under the due process clause, narrows the scope of the case’s precedential value. Although gay rights activists were thrilled with the decision, it did not go as far toward mandating equal treatment for sexual minorities as they hoped, and the battle continues as activists now have turned toward abolishing discrimination in employment, housing, education, public accommodations, and the like.

Suggested Citation

Chriss, Simone and Wright, Danaya C., After Obergefell v. Hodges: The Continuing Battle Over Equal Rights for Sexual Minorities in the United States (December 1, 2015). GenIUS, December 2015, at 18; University of Florida Levin College of Law Research Paper No. 16-4. Available at SSRN: https://ssrn.com/abstract=2710969 or http://dx.doi.org/10.2139/ssrn.2710969

Simone Chriss

University of Florida, Levin College of Law, Students

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Danaya C. Wright (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352-273-0946 (Phone)
352-392-3005 (Fax)

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