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In the landmark case of Obergefell vs Hodges, the U.S. Supreme Court upheld the rights of same-sex couples to marry. The following principles and premises were laid down: 1. The fundamental liberties protected by the Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs; 2. Marriage is fundamental under the Constitution and is applicable with equal force to same-sex couples; 3. The right to personal choice regarding marriage is inherent in the concept of individual autonomy; 4. The right to marry is fundamental because it supports a two- person union; 5. That marriage is a keystone of the Nation’s social order; 6. There is no difference between same- and opposite-sex couples. The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency

Principles

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Page 1: Principles

In the landmark case of Obergefell vs Hodges, the U.S.

Supreme Court upheld the rights of same-sex couples to marry. The

following principles and premises were laid down:

1. The fundamental liberties protected by the Due Process

Clause extend to certain personal choices central to

individual dignity and autonomy, including intimate choices

defining personal identity and beliefs;

2. Marriage is fundamental under the Constitution and is

applicable with equal force to same-sex couples;

3. The right to personal choice regarding marriage is inherent

in the concept of individual autonomy;

4. The right to marry is fundamental because it supports a two-

person union;

5. That marriage is a keystone of the Nation’s social order;

6. There is no difference between same- and opposite-sex

couples. The limitation of marriage to opposite-sex couples

may long have seemed natural and just, but its inconsistency

with the central meaning of the fundamental right to marry

is now noticeable;

7. The right to marry is a fundamental right inherent in the

liberty of the person, and under the Due Process and Equal

Protection Clauses, couples of the same-sex may not be

Page 2: Principles

deprived of that right and that liberty.  Same-sex couples

may exercise the fundamental right to marry;

8. While the Constitution contemplates that democracy is the

appropriate process for change, individuals who are harmed

need not await legislative action before asserting a

fundamental right.