Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
University of Virginia Law Professors weigh in on Obergefell v. Hodges
University Law Professors weigh in on Obergefell v. HodgesHoward, Hellman discuss constitutionality, state laws
by Madeline Nagy and Mairead Crotty | Apr 27 2015 | 04/27/15 9:19pm
Today {April 28} the Supreme Court will begin hearing oral arguments for the case Obergefell v. Hodges.
Same-sex couple James Obergefell and John Arthur filed a claim July 13, 2013, alleging the state of Ohio discriminates against same-sex couples married in another state. Arthur was terminally ill and wanted to identify Obergefell as his surviving spouse on his death certificate. When Arthur died, U.S. District Court Judge Timothy Black ordered Ohio authorities to recognize same-sex marriages on death certificates, stating the state’s ban on same-sex unions is unconstitutional. Black’s order applies only to death certificates, and the suit to overturn Ohio’s ban on same-sex marriage continues. ... The 6th Circuit reversed the lower court’s ruling Nov. 6, 2014 and upheld the state’s ban on marriage equality. The Supreme Court accepted Obergefell v. Hodges for review Jan. 16.
Law Prof. A.E. Dick Howard, an expert on constitutional law and the Supreme Court, noted the effect the Supreme Court’s decision could have on marriage equality. ... “It’s clearly something on which the Supreme Court will have the final word, and if they decide in favor of gay couples, that will create a national ruling,” Howard said. “Traditionally, marriage has been defined by the states. But when that interest collides with the argument of human dignity and rights, it overrides the state’s claim.”
Law Prof. Deborah Hellman, an expert in constitutional law — particularly discrimination and equal protection — emphasized the Supreme Court’s ultimate power over states and its legal duty to ensure state laws fall in accord with the Constitution. ... “If state laws violate our Constitution, the court is required to say so, even if they think it would be better if they left it to the state,” Hellman said. “People make the argument that it would be better in the long run for gays and lesbians to wait for the states to change… {but} if a state law violates the Constitution because it doesn’t treat some people as equals, the court has to strike that down.”
by Madeline Nagy and Mairead Crotty | Apr 27 2015 | 04/27/15 9:19pm
Today {April 28} the Supreme Court will begin hearing oral arguments for the case Obergefell v. Hodges.
Same-sex couple James Obergefell and John Arthur filed a claim July 13, 2013, alleging the state of Ohio discriminates against same-sex couples married in another state. Arthur was terminally ill and wanted to identify Obergefell as his surviving spouse on his death certificate. When Arthur died, U.S. District Court Judge Timothy Black ordered Ohio authorities to recognize same-sex marriages on death certificates, stating the state’s ban on same-sex unions is unconstitutional. Black’s order applies only to death certificates, and the suit to overturn Ohio’s ban on same-sex marriage continues. ... The 6th Circuit reversed the lower court’s ruling Nov. 6, 2014 and upheld the state’s ban on marriage equality. The Supreme Court accepted Obergefell v. Hodges for review Jan. 16.
Law Prof. A.E. Dick Howard, an expert on constitutional law and the Supreme Court, noted the effect the Supreme Court’s decision could have on marriage equality. ... “It’s clearly something on which the Supreme Court will have the final word, and if they decide in favor of gay couples, that will create a national ruling,” Howard said. “Traditionally, marriage has been defined by the states. But when that interest collides with the argument of human dignity and rights, it overrides the state’s claim.”
Law Prof. Deborah Hellman, an expert in constitutional law — particularly discrimination and equal protection — emphasized the Supreme Court’s ultimate power over states and its legal duty to ensure state laws fall in accord with the Constitution. ... “If state laws violate our Constitution, the court is required to say so, even if they think it would be better if they left it to the state,” Hellman said. “People make the argument that it would be better in the long run for gays and lesbians to wait for the states to change… {but} if a state law violates the Constitution because it doesn’t treat some people as equals, the court has to strike that down.”
