Obergefell V. Hodges: Case Study

In this essay I will prove the point that the case of Loving v. Virginia made it inevitable that the court would eventually rule the way it did in the case of Obergefell v. Hodges. Chief Justice Earl Warren’s opinion on this case was that “Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival… To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious

Hodges was ruled the way it was. He also talked about equality of the heart meaning if the two hearts have feelings for each other and the people want to get married they have the right two. Which is the same to Mr.Arthur and Mr.Obergefell, they loved each other and they have the same rights as a heterosexual couple to be recognized as being married. In Loving v. Virginia it helped invalidate bans on interracial marriage. Turner v. Safley held that prisoners could not be denied the right to marry. This analyses that same sex couples should also have the right to marry. One of the reason why the supreme court sided with Loving was because “Decisions about marriage are among the most intimate that an individual can

Virginia they made the point that “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” Meaning that the supreme court already knew that this same thing applied with the Obergefell case. American citizens must have the right to marry because that leads to our pursuit of happiness. The Supreme Court used the case of Loving v. Virginia in the Obergefell v. Hodges to show that they recognized that everyone has the “fundamental right to marry” and that a state can not restrict unless it meets the court's heightened scrutiny. The Supreme Court also brought in Loving v. Virginia because the states are required to allow same sex marriage under both the Equal Protection Clause and the Due Process Clause of the Constitution. The Supreme Court kept referring back to the Loving v. Virginia case because both cases had the same principles which were equality and not having the right to marriage. According to the Supreme Court “These new insights have strengthened, not weakened, the institution of marriage.” Also “Under the Due Process Clause of the Fourteenth Amendment, no State shall deprive any person of life, liberty, or property, without due process of law.” These liberties include certain personal choices which include intimate choices. Marriage is coming together for better or for worse and same sex couples should have the same right as