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obergefell v hodges dissenting opinions

[an unrepresentative body], Judges are selected precisely for their skill as lawyers; whether they reflect the policy views of a particular constituency is not (or should not be) relevant. <>/Border[0 0 0]/Contents()/Rect[236.1846 125.1406 440.2031 136.8594]/StructParent 5/Subtype/Link/Type/Annot>>

<>stream Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.) x��W�n�F��+�iw-���Y���n��xL�Y`8��yŦd�L�� A"DR�]�^�Zx���{ws��]�X���?���.��?�qw~ޯ6�λ������P���/]b���D�s}�5v���yX�^̮ھZwg?�W��7�M����'�RtZ/E$y�-oq��������+��G!��jޱ��x [democracy]. The opinion is couched in a style that is as pretentious as its content is egotistic.". Marriage rights have traditionally been addressed through both parts of the Fourteenth Amendment, and the same interrelated principles of liberty and equality apply with equal force to these cases; therefore, the Constitution protects the fundamental right of same-sex couples to marry.

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And the Equal Protection Clause, as employed today, identifies nothing except a difference in treatment that this Court really dislikes. . Who ever thought that intimacy and spirituality [whatever that means] were freedoms? 211 0 obj Justice Thomas also wrote a separate dissent in which he argued that the majority opinion stretched the doctrine of substantive due process rights found in the Fourteenth Amendment too far and in doing so distorted the democratic process by taking power from the legislature and putting it in the hands of the judiciary. . The majority creates a new right here, which is a dangerous departure from proper judicial authority under the Constitution. . <> When it comes to determining the meaning of a vague constitutional provision—such as “due process of law” or “equal protection of the laws”—it is unquestionable that the People who ratified that provision did not understand it to prohibit a practice that remained both universal and uncontroversial in the years after ratification.12 We have no basis for striking down a practice that is not expressly prohibited by the Fourteenth Amendment’s text, and that bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification. When I first read the Obergefell decision, I found myself skeptical. <>stream

. Using Technology to Educate and Catechize. 201 0 obj . endobj I write separately to call attention to this Court’s threat to American democracy. The Fourteenth Amendment requires both marriage licensing and recognition for same-sex couples. �+H=z?Or�9J�*�kw.FV�j�����3�NE�H=������� (� >0�3@B �b � 1�M\#:`��0I��! 0000001924 00000 n

0000003998 00000 n The Constitution and judicial precedent clearly protect a right to marry and require states to apply laws regarding marriage equally, but the Court cannot overstep its bounds and engage in judicial policymaking. %%EOF Justice Scalia argued that the question of whether same-sex marriage should be recognized is one for the state legislatures, and that for the issue to be decided by unelected judges goes against one of the most basic precepts of the Constitution: that political change should occur through the votes of elected representatives. 0000002547 00000 n The Equal Protection Clause of the Fourteenth Amendment also guarantees the right of same-sex couples to marry as the denial of that right would deny same-sex couples equal protection under the law. And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage.

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