15 July 2015

The Supreme Court Decision on Same-Sex Marriage

For the week of July 19, 2015

Dale Carpenter, University of Minnesota Law School Professor, discusses the recent Supreme Court decision on same-sex marriage.

  • Part 1

    Part 1
    (1:09) Prior to the recent SCOTUS ruling on same-sex marriage, a gay couple in Minnesota applied for a marriage license in 1971; (2:08) The Baker case established Minnesota as a center for gay rights; (2:54) The significance of Baker v. Nelson cited in Justice Kennedy’s recent decision; (3:52) The recent SCOTUS case, Obergefell v. Hodges; (5:58) Kennedy’s decision and the areas of the constitution that apply to this case; (7:09) Kennedy’s opinion revived the fundamental right to marry; (8:25) The dissenting opinions in Obergefell v. Hodges; (9:37) Scalia’s dissent and two particular cases he cited as examples of judicial activism; (11:32) The Equal Protection Clause in this case
  • Part 2

    Part 2
    (:22) How 36 states passed same-sex marriage prior to the SCOTUS ruling; (1:33) The importance of Loving v. Virginia on the gay-marriage decision; (2:30) Other important cases that paved the way for Obergefell v. Hodges, including Lawrence v. Texas; (4:01) The likelihood of religious groups challenging the decision; (5:27) The decision on the Affordable Care Act; (7:07) Whether the court, specifically Justice Kennedy, has become more liberal; (9:09) The role of public opinion and whether it impacts the court’s decisions