Obergefell V. Hodges Case In The US

Same-sex marriage has a near even split of people that are for or against it. This split is seen clearly in the Obergefell v. Hodges case in the U.S. Supreme Court, where the decision was 5 to 4. The majority in this case chose to legalize same-sex marriage in all 50 states. This decision brought a lot of controversy from the U.S. citizens, and the controversy came from the question if the Supreme Court decision in Obergefell was the correct decision for America. The answer is no. With the controversy on same-sex marriage originally, the repetitive use of emotion in the decision, along with the judicial system over stepping its bounds, the decision could not have in any way benefit America. The majority decision was for same-sex marriage,

Roberts suggested that, “the fundamental right to marry does not include a right to make a State change its definition of marriage” (Roberts 2). When this Supreme Court decision was made it changed the definition of marriage forever. Never again will marriage be called a union between man and woman, but now it will be called a union between two people. Nowhere in any legal document does it say that the Supreme Court has the power to change the definition of marriage. The Supreme Court over stepped his bounds, which is what Scalia feared would happen when he says that every time a decision like Obergefell is made, that the Court is “reminded of [their] impotence.” Scalia is attempting to warn them of what is to come, and now what has already happened. People have already started to rebel against what the Supreme Court has said for the sole reason that this decision was gone about in the completely wrong way. The more rebelling, the more the judicial branch is scrutinized, and then the more that happens, the amount of things the judicial branch is allowed to handle is decreased. Roberts also says this when he says, “But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us” (Roberts 2). Roberts, the chief justice of the U.S. Supreme Court, has said that they have overstepped their bounds, and Scalia has

Board of Education decision (Paulsen 36). Paulsen also says, “Homosexual rights advocates are rapidly pressing for more…they avowedly seek to run the traditional religious views off the field” (Paulsen 36). This topic is so controversial that this one decision will start a land slide of decisions which will put the Supreme Court in a position they would rather not be in. Anything with religious ties that disagrees with this decision will slowly but surely eradicated from society. But this should counter the 1st Amendment, but that amendment just states that citizens of the freedom to believe any religion but it does not say anything about exercising that belief. When citizens exercise that belief there is even more controversy that has to be stopped. The Obergefell decision started a snowball effect of soon to come decisions and rights that could potentially end an entire way of life for believing in one