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Obergefell v. Hodges

Human Sexuality

About this Case

This U.S. Supreme Court case consolidated several lower court cases where the issue concerned whether states could, under the U.S. Constitution, deny recognition of same-sex marriage.  The Supreme Court held that the Constitution required legal recognition of same-sex marriage.

Summary of NLF's Brief

In our brief supporting traditional, man-woman marriages, we argued that homosexuals were neither a suspect nor quasi-suspect class.  Thus, heightened scrutiny as a review standard was inappropriate.  We presented several reasons for this conclusion, including the fact that homosexuals are not politically powerless.  In support of this, we pointed out that homosexuals had achieved direct political power; acquired important political allies; raised significant funds from their own community, from labor unions, and from corporate America; obtained support from religious communities and from the news and entertainment media; and moved public opinion in their favor.

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