Posted: September 10th, 2023

Using the Supreme Court’s website, research one case that deals with a contentious issue of your choice

Read/review the following resources for this activity:

Textbook: Chapter 11, 12, 13
Lesson
Minimum of 1 scholarly source
Initial Post Instructions
Using the Supreme Court’s website, research one case that deals with a contentious issue of your choice. (These issues can be racial discrimination, right to bear arms, same-sex marriage, hate speech, suicide, etc.) After finding a case, describe the Constitutional issue at the heart of the case. Summarize the points, the opinion, and at least one dissent used to come up with their conclusions. Did you agree with the majority opinion or the dissent?

US Supreme Course Case Search Job Aid (Links to an external site.)Links to an external site. https://lms.courselearn.net/lms/content/1540/54394/POLI330/US Supreme Court.pdf

Supreme Court Case

Obergefell v. Hodges, 576 U.S. ___ (2015 – Research Paper Writing Help Service)
This case of Obergefell v. Hodges, 576 U.S. of 2015 – Research Paper Writing Help Service is based on the fundamental right that is guaranteed by the Fourteenth Amendment that requires states to have in place mechanisms that permit recognition of same-sex marriages within the US. The dispute resulted from ideological differences on the concept of marriage and what specifically constitutes a valid marriage within the borders of the respondent State (Magstadt, 2013). The respondents’ position was that marriage between same-sex couples would offend the long-standing traditions and cultural tenets of the society. Additionally, the respondent argued that allowing this case would erode the meaning of the institution of marriage if permission was granted to persons of same sex to marry. On the other hand, the petitioners claimed that same sex marriages do not offend the institution of marriage as the couples still live together.
The US Supreme Court reversed the decision of the Appellate court and held that claims by the Petitioner lacked merit. In its holding, the court asserted that the Fourteenth Amendment requires the officiating State in a marriage to issue a license. What this means is that where a State oversees a marriage between two persons of same sex, another State must acknowledge the validity of such a marriage where it is shown to have occurred lawfully. The dissent sought to disagree with the finding of the majority by asserting that the need to uphold public policy and morality must remain paramount.
Consequently, I agree with the finding of the court in the case which explains that marriage is protected by the Constitution under the Fourteenth Amendment and the due process clause. The Fourteenth Amendment creates mandatory licensing of marriages before its recognition in another State. In the instant case, the process of licensing was not met hence the finding of the Supreme Court.
References
Magstadt, T. M. (2013). Understanding politics: Ideas, institutions, and issues. Boston, MA
Cengage Learning.
Obergefell v. Hodges, 576 U.S. of 2015 – Research Paper Writing Help Service. Retrieved from https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

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