El pronunciamiento de la Corte Suprema de los Estados Unidos en el caso Obergefell y los problemas no resueltos que de este deriva
In 2015 the US Supreme Court decided the case Obergefell and legalized samesex marriage across the country. Justice Kennedy, who drafted the majority opinion, has clearly shown that to ban this kind of marriage would contrast the Equal Protection Clause and the Due Process Clause of the Fourteenth A...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Spanish |
| Published: |
2016
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6140101 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 8, 2016, pags. 125-137 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
In 2015 the US Supreme Court decided the case Obergefell and legalized samesex
marriage across the country. Justice Kennedy, who drafted the majority opinion, has clearly
shown that to ban this kind of marriage would contrast the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment and thus recognized the «right to marry» for homosexual couples. The judges' dissents complained about the absence of legal accuracy in this sentence, that brusquely interrupts a democratic process that would have had to eventually lead to a law to legalize same-sex marriage. One year after the Court decided the case, it needs to be recognized that the sentence presents unresolved issues: on the theoretical plan it did not provide a complete redefinition of marriage and in practical terms it left open the issue of the conflict between the First Amendment and the Fourteenth Amendment in the area of religious freedom, especially with respect to the ones who want to avoid any involvement in procedures related to the celebration of a same-sex marriage. |
|---|