Posted: 6 Oct 2017
Date Written: 2016
In Obergefell v. Hodges, the Court was sharply divided with the majority holding that the fundamental right to marry includes the right to marry a same-sex partner and the differing dissents suggesting that same-sex marriage is a matter to be left to the legislature. While the Court's holding was not surprising, the majority and the dissenting opinions contained surprises in both content and approach, which may provide the basis for substantial jurisprudential shifts in several areas and, in any event, more clearly establishes some of the battle lines in cases that will likely come before the Court in the not-too-distant future.
Keywords: Marriage, Fundamental Right, Substantive Due Process, Equal Protection, Dignity, Polygamy
JEL Classification: K10
Suggested Citation: Suggested Citation
Strasser, Mark, Obergefell, Dignity, and the Family (2016). 19 Journal of Gender, Race and Justice 317-49 (2016). Available at SSRN: https://ssrn.com/abstract=3048329