For this assignment, review Loving
v. Virginia
- Discuss what in Loving
provides for marriage protection and whether this changed with Obergefell? - Can the Supreme Court overturn
this case or is it more Constitutionally grounded?
Discussing marriage and the U.S. Supreme Court. The Right to Marry has been the
subject of some debate after the US Supreme Court issued its most recent ruling
in Dobbs v. Jackson Women’s Health.
Supreme Court Justice Thomas suggested the court should overrule Obergefell
versus Hodges. The Full opinion is linked here OBERGEFELL v.
HODGES and brief summary of the case is below…
- Obergefell v.
Hodges, 576 U.S. 644, 135 S. Ct. 2584 (June 26, 2015).
The Supreme Court held that the Constitution entitles same-sex couples to
civil marriage “on the same terms and conditions as opposite-sex couples.”
As we all know, the game-changing nature of this decision cannot be
overstated. This decision led to Pavan v. Smith, ___ U.S. ___, 137 S. Ct.
2075 (June 16, 2017), which held that an Arkansas statute that denied
married same-sex couples’ access to the constellation of benefits that
Arkansas linked to marriage was unconstitutional to the extent that the
statute treated same-sex couples differently from opposite-sex couples.
(The Arkansas statute generally required the name of the mother’s male
spouse to appear on the child’s birth certificate when the mother
conceived the child by means of artificial insemination, but allowed
omission of the mother’s female spouse from her child’s birth
certificate.)