Question1: The majority opinion in this case made same-sex marriage legal in all 50 US states. Justice Kennedy gave four principals and traditions that demonstrated that the right to marriage is fundamental and should apply equally to same-sex couples.
The first principal was that everyone has the right to choose who they marry, which is part of the concept of “individual autonomy.” Justice Kennedy establishes that if the Constitution protects personal choices such as procreating, family relationships, and childrearing, then it should also recognize and protect the right to marriage. The second principal was that the right to marriage is fundamental because it is the most important commitment two people can make. Essentially, it is a right
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I believe that marriage and specifically the inherent choice of marriage is a fundamental right that all people have. If the Constitution protects choices that married people may make (contraception, childrearing, etc.) then why would it not protect the right to marriage itself. The historical significance of marriage also makes it a fundamental right. People have been getting married since the beginning of recorded history. Marriage has been part of every religion and every society. An institution such as marriage, which has such a large impact on society, must be a fundamental right. Finally, marriage is already recognized and even encouraged by all of the States. Married couples are provided benefits in “taxation; inheritance and property right;” hospital access; etc. Fundamental means “of central importance.” The historical significance and State encouragement of marriage clearly makes marriage “of central importance,” to both the people and the government, thus making it a fundamental right. Under the Equal Protection Clause, if a man and a woman can get married, then same-sex couples should also be allowed. Otherwise, they are being unfairly singled