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[216] [217] [218] In her dissenting opinion, Justice Sotomayor criticised the majority for using the "history and tradition" test established in Washington v. Glucksberg (1997), saying that Obergefell had rejected application of the Glucksberg test to the "fundamental rights" of "marriage and intimacy". [219]
Din was evidence he would ultimately write the majority opinion in Obergefell. [37] When the Court ultimately released its decision in Obergefell, Justice Kennedy was the author of the majority's opinion, while Chief Justice Roberts, Justice Alito, Justice Scalia, and Justice Thomas all wrote dissenting opinions. [38]
The United States Supreme Court summarily reversed that decision and remanded it, stating that the reasoning of the Arkansas Supreme Court denies married gay couples the benefits that are inherent in marriage, thus violating Obergefell. Justice Neil Gorsuch filed a dissenting opinion, which was joined by Justices Thomas and Alito. In it, he ...
Justice Amy Coney Barrett, who wrote the 6-3 decision in the visa case Friday, deemed Sotomayor’s dissenting opinion an overreaction to a straightforward immigration dispute, which landed before ...
Jim Obergefell was the lead plaintiff on the landmark case that gave same-sex couples the right to get married in 2015 after the death of husband John Arthur. The heartbreaking love story behind ...
In Justice Clarence Thomas’s concurring opinion in that ruling, he wrote that Obergefell and other similar cases should be reconsidered.
The court's decision in Obergefell cited Loving nearly a dozen times, and was based on the same principles – equality and an unenumerated right to marriage. During oral argument, the eventual author of the majority opinion, Justice Anthony Kennedy , noted that the ruling holding racial segregation unconstitutional and the ruling holding bans ...
The three dissenting justices, in an opinion by Justice Sotomayor, said that such a visa denial burdens the fundamental right of marriage, defined broadly in cases like Obergefell v. Hodges, such that the courts may scrutinize whether the government gave a facially legitimate explanation for the denial. However, they thought that the government ...