Supreme Court Case Study

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It was the case of Marbury v. Madison which brought light into the vital function of the Supreme Court. Judicial review is the over what the constitution says about something. However, as times has proven. There are different views and beliefs as to how t read the constitution. Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. The case of Obergefell et al. v. Hodges was a 5-4 decision. Justice Kennedy reflected the opinion of the court and weighted on that no state ought to be able to outlaw a marriage between same sex couples. Decisions are ultimately complicated so the Supreme Court tried to answer legal questions such as gay marriage. This principle of freedom is not very much useful but…show more content…
However, legal questions can be easily solved since there can be an agreement. One of the reasons Justice Kennedy gives is the right t=for the due process. Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The second reason is that the right for an individual to have autonomy. These two reasons are the main component of the piece. In addition these liberties extend to certain personal choices central to individual dignity and autonomy, including intimate choices that define personal identity and beliefs. The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. This is true for all persons, whatever their sexual orientation. A second principle in this Court’s jurisprudence is that the right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to

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