Question

Read this summary of the Obergefell v. Hodges Supreme Court case. A group of same-sex couples from Ohio, Michigan, Kentucky, and Tennessee sued their states over laws that either banned same-sex marriage or refused to recognize same-sex marriages from other states where such marriages were legal. The couples argued that the state laws went against the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The couples won in trial court, but in 2014, the decisions were reversed in the Sixth Circuit Court of Appeals, moving the matter to the Supreme Court. Grouping the cases as Obergefell v. Hodges, the Supreme Court ruled in a 5-4 decision that the couples were denied their Fourteenth Amendment rights. Although many states already allowed same-sex marriage, the June 26, 2015 decision overturned any remaining state laws that probibited same-sex unions. How does this case illustrate the principle of judicial review? The Supreme Court overturned a court of appeals ruling on constitutional grounds. The Supreme Court based its majority decision on issues of fairness rather than constitutionality. The Supreme Court followed the lead of the states that had already legalized same-sex marriage. The Supreme Court based its decision on public opinion, which was increasingly in favor of same-sex marriage. ​

Answer 1

The Obergefell v. Hodges case illustrates the principle of judicial review because the Supreme Court overturned a court of appeals ruling on constitutional grounds. In this case, the same-sex couples argued that the state laws banning same-sex marriage or refusing to recognize same-sex marriages from other states violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Supreme Court reviewed the case and ruled in favor of the couples, finding that the state laws denied the couples their Fourteenth Amendment rights. The Supreme Court's decision was based on a interpretation of the Constitution and not on public opinion or the actions of other states.