Marriage equality in the United States: a look at Obergefell and beyond

Authors

  • Toni Jaeger-Fine Fordham Law School

DOI:

https://doi.org/10.5380/rinc.v3i1.45108

Keywords:

Obergefell, marriage equality, same-sex marriage, equality, United States

Abstract

The article aims to analyze the marriage equality in the United States, with a special focus at Obergefell v. Hodges case, in which the US Supreme Court held, in June 2015, in a 5-4 decision that is unconstitutional to forbid same-sex marriage. Furthermore, it analyzes the Supreme Court jurisprudence about some issues related to this discussion and the democratic movement in the states in favor of same-sex marriage in the years leading up to Obergefell. Lastly, it makes some modest observations about the case and the larger issue of gay marriage in the United States.

Author Biography

Toni Jaeger-Fine, Fordham Law School

Assistant Dean for International and Non-J.D. Programs at Fordham Law School (New York City, United States of America). J.D. – Juris Doctor Degree, Duke University. Director of the International Judicial Research and Training Program, Director of Recent Developments in U.S. Law at Fordham Law School and Co-Director of the Summer Institute in New York City (Fordham Law School). She has also served as Director of Graduate and International Programs at Cardozo Law School and as Associate Director of the Global Law School Program at NYU School of Law. She is past chair of the Section on Post-Graduate Legal Education, the Section on International Legal Exchange, and the Section on Legal Education for Foreign Lawyers of the Association of American Law Schools.

References

GOLDBERG, Suzanne B. Obergefell at the Intersection of Civil Rights and Social Movements. California Law Review Circuit, Berkeley, vol. 6, p. 157-165, nov. 2015.

HUNTINGTON, Clare. Obergefell’s Conservatism: Reifying Familial Fronts. Fordham Law Review, New York City, vol. 84, n. 1, p. 23-31, oct. 2015.

LANDAU, Joseph. Roberts, Kennedy, and the Subtle Differences that Matter in Obergefell. Fordham Law Review, New York City, vol. 84, n. 1, p. 33-40, oct. 2015.

LEIB, Ethan J. Hail Marriage and Farewell. Fordham Law Review, New York City, vol. 84, n. 1, p. 41-52, oct. 2015.

NICOLAS, Peter. Obergefell’s Squandered Potential. California Law Review Circuit, Berkeley, vol. 6, p. 137-144, nov. 2015.

POWELL, Catherine. Up from Marriage: Freedom, Solitude, and Individual Autonomy in the Shadow of Marriage Equality. Fordham Law Review, New York City, vol. 84, n. 1, p. 69-78, oct. 2015.

TRIBE, Laurence H. Equal Dignity: Speaking its Name. Harvard Law Review, New Haven, vol. 129, n. 1, p. 16-32. nov. 2015.

Downloads

How to Cite

JAEGER-FINE, Toni. Marriage equality in the United States: a look at Obergefell and beyond. Revista de Investigações Constitucionais, [S. l.], v. 3, n. 1, p. 7–41, 2016. DOI: 10.5380/rinc.v3i1.45108. Disponível em: https://revistas.ufpr.br/rinc/article/view/45108. Acesso em: 29 nov. 2024.

Issue

Vol. 3 No. 1 (2016): January/April

Section

Original articles

License

Authors who publish in this Journal agree to the following terms:

  1. Authors retain copyright and grant the Journal of Constitutional Research the right of first publication with the article simultaneously licensed under the Creative Commons - Attribution 4.0 International which allows sharing the work with recognition of the authors and its initial publication in this Journal.
  2. Authors are able to take on additional contracts separately, for non-exclusive distribution of the version of the paper published in this Journal (eg.: publishing in institutional repository or as a book), with a recognition of its initial publication in this Journal.
  3. Authors are allowed and encouraged to publish their work online (eg.: in institutional repositories or on their personal website) at any point before or during the submission process, as it can lead to productive exchanges, as well as increase the impact and the citation of the published work (see the Effect of Open Access).