If presenting the Obergefell v. Hodges case to the Supreme Court, which argument would you make to convince a majority of the Court to rule that same-sex marriage bans are unconstitutional?
A) Gay marriage laws were the purview of the states.
B) The Court had gone too far in the United States v. Windsor case, usurping the power of state legislatures who possessed the right to define marriage.
C) The right to marry was fundamental, protected by the Fourteenth Amendment, and essential to liberty regardless of whether the couple was same-sex or opposite sex.
D) The Defense of Marriage Act (DOMA) was constitutional.
E) Parts of DOMA were unconstitutional.
Correct Answer:
Verified
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