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Obergefell, Dignity, and the Family

Posted: 6 Oct 2017  

Mark Strasser

Capital University - Law School

Date Written: 2016

Abstract

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

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

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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