Kenneth (kensmind) wrote in polloftheday,

Obergefell v. Hodges

Today the United States Supreme Court gave its decision in a number of appeals, styled as Obergefell v. Hodges. In a 5-4 split, the majority of the court held that same-sex couples may now exercise the fundamental right to marry in all States, and that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State simply on the grounds that it is a same-sex union.

The majority held the refusal of a state to allow or acknowledge same-sex marriage was a denial of the right to due process and to equality before the law. Like the protection that the court gave to allow interracial marriages, same-sex marriage is entitled to the same protection.

The minority held that the question of whether or not marriage was limited to the union of a man and a woman was something for the voters to decide, not the court, and that the Constitution does not grant a right of liberty to marry someone of the same sex.

Poll #2015225 Obergefell

Which reasoning do you agree with?

The majority
The minority

[Note: a fuller explanation of the majority opinion can be found here and a fuller explanation of the dissenting opinions can be found here.]

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