One thing that needs to be noted about Obergefell v. Hodges is that the specific case of Obergefell has been consolidated with three other cases. And this may lead to a finding that legalizes gay marriage nationwide, using Loving v. Virginia as a precedent.
The specific case of Obergefell only involves recognition of out-of-state marriages in other states; this issue is really a no-brainer, because states have always recognized out-of-state marriages as valid, essentially a consequence of Article IV of the Constitution. Hoswever, whether a state can restrict marriages performed within its borders to opposite-sex couples involves a different issue. States have generally had the powers to define who can marry (minimum age and degree-of-relationship limits being common), but the precedent of Loving v. Virginia allows the Court to invalidate such restrictions if they are discriminatory. In that case, it was racial discrimination; here it is sexual discrimination. (As Chief Justice Roberts asked in the course of his questioning, “[I]f Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”) If it is looked at in this way, the precedent of Loving v. Virginia will guide the Court to legalize gay marriage nationwide.
The specific case of Obergefell only involves recognition of out-of-state marriages in other states; this issue is really a no-brainer, because states have always recognized out-of-state marriages as valid, essentially a consequence of Article IV of the Constitution. Hoswever, whether a state can restrict marriages performed within its borders to opposite-sex couples involves a different issue. States have generally had the powers to define who can marry (minimum age and degree-of-relationship limits being common), but the precedent of Loving v. Virginia allows the Court to invalidate such restrictions if they are discriminatory. In that case, it was racial discrimination; here it is sexual discrimination. (As Chief Justice Roberts asked in the course of his questioning, “[I]f Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”) If it is looked at in this way, the precedent of Loving v. Virginia will guide the Court to legalize gay marriage nationwide.
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