Title

Examining the Intersection of Sexual Orientation and the Right to Marry: Obergefell v. Hodge and Equal Protection

Presenter Information

Elizabeth Sayre

Document Type

Oral Presentation

Location

SURC 137A

Start Date

21-5-2015

End Date

21-5-2015

Keywords

Marriage, Equal Protection, Sexual Orientation

Abstract

The legal and political climate surrounding sexual orientation and the right to marry is riddled with conflict and questions. Various states currently do not allow nor recognize marriage between same-sex couples. Hence, these couples are denied the legal privileges under the law that are guaranteed to married couples of the opposite sex. In order to address this legal conflict, the United States Supreme Court has agreed to hear arguments on two separate questions regarding equal protection and the right of marriage: 1) are states that have same-sex marriage bans required to recognize legal marriage licenses from other states; and 2) is marriage a fundamental right that should be extended to same-sex couples? This presentation will discuss the previous case law surrounding same-sex marriage, explain the legal issues at hand, discuss the implications of the courts decisions, and make a prediction of how the court will rule.

Faculty Mentor(s)

Cody Stoddard

Department/Program

Law & Justice

Additional Mentoring Department

Law & Justice

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May 21st, 10:20 AM May 21st, 10:40 AM

Examining the Intersection of Sexual Orientation and the Right to Marry: Obergefell v. Hodge and Equal Protection

SURC 137A

The legal and political climate surrounding sexual orientation and the right to marry is riddled with conflict and questions. Various states currently do not allow nor recognize marriage between same-sex couples. Hence, these couples are denied the legal privileges under the law that are guaranteed to married couples of the opposite sex. In order to address this legal conflict, the United States Supreme Court has agreed to hear arguments on two separate questions regarding equal protection and the right of marriage: 1) are states that have same-sex marriage bans required to recognize legal marriage licenses from other states; and 2) is marriage a fundamental right that should be extended to same-sex couples? This presentation will discuss the previous case law surrounding same-sex marriage, explain the legal issues at hand, discuss the implications of the courts decisions, and make a prediction of how the court will rule.