PHIL 102 Lecture Notes - Lecture 11: Equal Protection Clause

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Obergefell vs Hodges
1. Do same-sex couples have the right to marry in every state?
2. Must the states grant marriage licenses to same-sex couples?
3. Must the states recognize same-sex marriages that have been licensed and preformed lawfully
out of state?
a. Supreme court decision based on evolution of marriage
a.i. The history of marriage is marked by continual change such as the abolishment
of laws pertaining to arranged marriages and the new insights and changes have
strengthened the institution of marriage
a.i.1. Originally marriage was for procreation, no longer the case,
therefore it is not logical to get fertility tests in order to get married
b. Supreme court decision based on the 14th amendment
b.i. The right to marry is protected by the constitution as in the case of Loving vs
Virginia where interracial couples were granted the right to marriage and under
both Due Process and Equal Protection clause of the 14th amendment same-sex
couples have the right to marry as well
c. Principle 1: Individual Autonomy -Kantian
c.i. Personal choice must be taken into consideration
c.ii. Cant continue to deny gays and lesbians the right to marry because through this
you are not viewing them as autonomous agents.
d. Principle 2: Value regarding dignity and respect -Kantian
d.i. 2-person relationship with respect to themselves and respect to their
community
d.ii. Leads to community recognition
d.iii. Allows for the gay and lesbian community to say “we are just like you” to the
strait population
e. Principle 3: Protects kids-Utilitarianistic
e.i. Health interest
e.i.1. Especially when it comes to insurance
e.ii. Educational interest
e.ii.1. 2 parents are better than 1
e.iii. Lost more good provided
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