Case Study: Obergefell V. Hodges

Obergefell V. Hodges is a Supreme court case that sanctioned same-sex marriage in each of the 50 states. The case occurred when a man named James Obergefell sued his home state Ohio to tell the general population of Ohio how the forbidding of gay marriage wasn't right and an infringement of his rights as a citizen. Certain rights are counted in the Constitution. Different rights are not identified in the Constitution but rather are seemingly suggested inside its dialect. Most rights ascending by suggestion get from "freedom" which is found in both the Due Process Clause of the Fifth Amendment and the Fourteenth Amendment. Under the Due Process Clauses, both the federal government and the state governments are denied from authorizing laws that "deny any individual of life, freedom, or property without due process of law." In Obergefell, nobody contended that a counted right
Rather, the contention was that the "freedom" managed under the Due Process Clause of the Fourteenth Amendment incorporates the inferred right of same-sex couples to wed, and that the States' activities were denying them of this freedom without due process of law.

Four Justices disagreed, creating four contradicting opinion. Many of the supreme court justices disagreed with the majority stated that same-sex couples had the right to wed. All justices concurred that the Constitution itself does not say anything in regards to marriage. This implies marriage is not a counted right. Indeed, Justice Alito particularly stated, "The Constitution says nothing in regards to same-sex marriage." Because the privilege for same-sex couples to wed is not an identified right, the only way for it to be protected in our constitution is for it to be inferred. The justices stated that