Supreme Court - Marriage Equality (Public Policy)

Question 1

United States v Windsor (2013)

Answer 1

• First significant decision on marriage equality
  SC declared 5-4 that Defense of Marriage Act (1996) was unconstitutional, as it denied federal benefits to same-sex couples
• This judgement upheld states’ rights to determine own marriage laws

Question 2

Consequence of United States v Windsor (2013)

Answer 2

A liberal judgement defending marriage equality

Example of SC ruling against Congress

Question 3

Obergefell v Hodges (2015)

Answer 3

SC ruled 5-4 that states bans on same-sex marriage violated 14th Amendment

Question 4

Example of a case illustrating differences between strict & loose constructionists

Answer 4

Obergefell v Hodges (2015)
4 conservative justifies believed states should be left to decide
Majority took loose constructionist position

Question 5

Consequence of Obergefell v Hodges (2015)

Answer 5

Meant states couldn’t ban same-sex marriage

Judicial activism