What was the issue in Obergefell V Hodges?

Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United …

Did Obergefell V Hodges use strict scrutiny?

The Supreme Court has held that governmental action infringing upon fundamental rights is subject to strict scrutiny,26 and thus must be narrowly tailored to a compelling government interest.

What falls under intermediate scrutiny?

Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality. To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.

Is marriage a fundamental right?

The U.S. Supreme Court has interpreted the Constitution to recognize the existence of several fundamental rights that were not expressly stated, including an individual’s right to marry. Similarly, the UDHR proclaims that the right to marry is an inalienable human right.

Who won Craig v Boren?

Yes. In a 7-to-2 decision, the Court held that the statute made unconstitutional gender classifications. The Court held that the statistics relied on by the state of Oklahoma were insufficient to show a substantial relationship between the law and the maintenance of traffic safety.

Where did strict scrutiny come from?

The notion of “levels of judicial scrutiny”, including strict scrutiny, was introduced in Footnote 4 of the U.S. Supreme Court decision in United States v. Carolene Products Co. (1938), one of a series of decisions testing the constitutionality of New Deal legislation.

Is Article 12 an absolute right?

Article 12: Right to marry Article 12 is a qualified right which allows people to marry under English law. Certain patients who are detained under the Mental Health Act 1983 are not able to get married or enter into a civil partnership.

Does the Constitution protect the right to marry for inmates?

The U.S. Supreme Court, in Turner v. Safley, No. 85-1384. 4872 U.S. 78 (1987) ruled that prisoners have a right, under the U.S. Constitution, to marry.