same-sex couple was married in Ohio, which did not recognize same-sex marriage, so when spouse passed from ALS, surviving spouse sued Ohio Department of Health claiming that he had a constitutional right to be listed as the surviving spouse
question
What part of the Constitution was being discussed?
answer
14th Amendment due process clause & equal protection clause because dealing with a state law
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What was the issue in this case?
answer
- "legal" v. "religious" marriages
- should marriages in other states be recognized of same-sex couples?
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What was the decision of this case?
answer
- states had to recognize marriages in other states regardless of sexual orientation
-case still allowed religious offices the 1st amendment right to refuse to marry a same-sex couple
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What type of test was used to reach this decision?
answer
- strict scrutiny
- MARRIAGE IS A FUNDAMENTAL RIGHT
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What was Robert's dissenting opinion?
answer
-legislative matter, not judicial
- not in the constitution
- legislating from the bench
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What was Scalia's dissenting opinion?
answer
elected officials should make the change through their voting and passage of legislation
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What was Alito's dissenting opinion?
answer
defining liberty wrong
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