Exam 11: Substantive Due Process: Privacy, Personal Autonomy, and Other Liberties
What is your reaction to the Obergefell v. Hodges decision? Explain your position.
As an individual, my reaction to the Obergefell v. Hodges decision, which legalized same-sex marriage in the United States, is one of support and celebration. I believe that love is love, and everyone should have the right to marry the person they love, regardless of their gender. This decision was a significant step towards achieving equality and civil rights for the LGBTQ+ community, and I fully support and celebrate the recognition of same-sex marriage.
From a legal and constitutional perspective, I believe that the Obergefell v. Hodges decision was the right decision. The Equal Protection Clause of the Fourteenth Amendment guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws. Denying same-sex couples the right to marry was a form of discrimination that violated this constitutional principle. The Supreme Court's decision to legalize same-sex marriage nationwide was a necessary step to ensure that all individuals have equal rights under the law.
Furthermore, from a moral and ethical standpoint, I believe that it is unjust to deny same-sex couples the right to marry. Marriage is a fundamental human right and a deeply personal choice, and it is not the government's place to dictate who can and cannot marry based on their sexual orientation. All individuals deserve to have their relationships and families recognized and respected by the law.
In summary, my reaction to the Obergefell v. Hodges decision is one of support and celebration. I believe that the legalization of same-sex marriage was a necessary and just decision from both a legal and moral standpoint, and I am hopeful that it will continue to contribute to progress towards equality and acceptance for the LGBTQ+ community.
What case marks the "Switch in Time That Saved Nine?"
A
In Lawrence v. Texas, the U.S. Supreme Court struck down a state law banning same-sex ________.
sodomy
In Obergefell v. Hodges (2015) where the court ruled that state bans on same-sex marriage were unconstitutional, the U.S. Supreme Court based its decision on both the Due Process Clause and the Equal Protection Clause.
The Court's theory of "liberty of contract" was developed during what era of the Court?
Each of the following cases involves a dispute surrounding the contract clause EXCEPT:
In Lawrence v. Texas, the U.S. Supreme Court reversed its decision in Bowers v. Hardwick based on interpretation of the Fourteenth Amendment Due Process Clause.
In Planned Parenthood of Southern Pennsylvania v. Casey (1992), the U.S. Supreme Court moved away from the trimester-based approach adopted in Roe v. Wade and began using framework that divided pregnancy into two stages--previability and postviability.
What form of constitutional scrutiny requires the government to show that its intrusion is necessary (or narrowly tailored) to meet a compelling governmental interest?
What was the basis for the U.S. Supreme Court decision in Obergefell v. Hodges?
What term is used to describe the ability of government to take private property for public use under the Fifth Amendment?
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