Obergefell v. Hodges

1. Be sure to read and understand the entire prompt.

2. The complete essay must be submitted to TurnItIn on the course blackboard page .

3. Your grade essay will drop by 5% for each day it is late.

4. Your essay must be between 4 and 5 pages, typed, double-spaced, 12 point Times New Roman font, with 1-inch margins all around. Use MLA or APA citation throughout the paper. Either format will be accepted; the key is to be consistent. Include a works cited page. Your works cited page does not count towards your 4 to 5 page requirement.

5. Don’t assume I will understand what you “meant to say.” Define your terms; explain your answers. At all times, ground your analysis in the materials from our class – the lectures, the textbook, and the assigned readings – being as specific as possible.

6. This essay does not require outside research. Use only course materials to support your claims.

7. I expect you to abide by the highest ethical standards! Do not plagiarize and be sure to cite materials when you use them.

Topic and Background:
On June 26 2015 The United States Supreme court, in a 5 to 4 ruling, legalized same sex marriage nationwide in the historic case Obergefell v. Hodges. The Supreme Court said that the right to marry is fundamental with Justice Kennedy writing that under the 14th Amendment’s protections, “couples of the same-sex may not be deprived of that right and that liberty”. In his dissent, Chief Justice Roberts wrote that the court had taken an “extraordinary step” in deciding not to allow states to decide the issue for themselves, saying that the Constitution does not define marriage. Both majority and minority opinions of the court can be read here: http://www.cnn.com/2015/06/26/politics/scotus-opinion-document-obergefell-hodges/#document/p6
In September of 2015 a Kentucky county clerk, Kim Davis, attracted national attention after defying a court order to issue marriage licenses to same sex couples in Rowan County. Clerk Davis asserted her 1st Amendment right to the free exercise of religion, claiming that the issuing of these licenses violated her religious beliefs.
In this essay, I want you to assemble a variety of concepts covered in class by presenting an argument that weighs the value of competing claims to individual rights. In the specific case of Clerk Davis and the rights of same sex couples living in the county she serves, whose rights take priority when liberties conflict, Clerk Davis’ 1st Amendment right or the citizens of Rowan County’s 14th amendment rights? Carefully explain majority vs. minority interests as covered in this course in the study of the theory behind the US Constitution. Consider the compatibility of your argument with the ideas of civil liberties and representative democracy. Put differently, can the constitution and theory behind it be used to justify the position you present. This essay is not about your moral opinion. Instead your job is to go through and explain why or why not the Constitution and theory behind it does or does not support the analysis presented. As part of your answer, explain the basic elements of representative democracy and define civil liberties. Make use of the course materials and be sure to cite your evidence.