The Same-Sex Marriage Decision: Ruling by Judicial Fiat – Acton Institute PowerBlog - judicial review on gay marriage

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Gay Marriage - HISTORY judicial review on gay marriage


Obergefell v. Hodges, 576 U.S. ___ (2015) is a landmark civil rights case in which the Supreme Prior to Obergefell, same-sex marriage had already been established by law, court ruling, or voter initiative in . Constitution's guarantee of equal protection under the law, even under the most deferential standard of review.

The Same-Sex Marriage Decision: Ruling by Judicial Fiat the expansion of the power of judicial review it has arguably become the strongest.

When five justices ruled that the Constitution requires governments to recognize same-sex marriage, he scoffed that the Supreme Court was not “the Supreme Being.” Even when arguments about judicial supremacy appear to have no practical import, they lie beneath judgments about how.

The decision made in Obergefell v. Hodges on June 26, 2016 marked a ground- breaking moment in American history, as it effectively legalized same-sex.

In a long-sought victory for the gay rights movement, the court ruled, 5-4, that the Constitution guarantees a right to same-sex marriage.