Question
In United States v. Windsor (2013), the Supreme Court struck down the Defense of Marriage Act, a federal law that defined marriage as being between
In United States v. Windsor (2013), the Supreme Court struck down the Defense of Marriage Act, a federal law that defined marriage as being between one man and one woman, on the grounds that it violated the equal protection clause of the 5th Amendment.
By the time the issue of the constitutionality of same-sex marriage bans reached the Supreme Court, gay marriage had already been made legal in 37 states and the District of Columbiaby either state constitutional law, legislative or voter action, or by federal courts that (largely on the basis of Windsor) had overturned state bans.
In Obergefell v. Hodges (2015), Justice Anthony M. Kennedy delivered the opinion for the 5-4 majority. The Court held that the Due Process Clause of the 14th Amendment guarantees the right to marry as one of the fundamental liberties it protects and that analysis applies to same-sex couples in the same manner as it does to opposite-sex couples.
Justice Antonin Scalia authored a strong dissent in Obergefell. Why did he dissent it? Now tell me if you agree with him or not. In either case, explain.
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