Barrett, The Honors College at Arizona State University proudly showcases the work of undergraduate honors students by sharing this collection exclusively with the ASU community.

Barrett accepts high performing, academically engaged undergraduate students and works with them in collaboration with all of the other academic units at Arizona State University. All Barrett students complete a thesis or creative project which is an opportunity to explore an intellectual interest and produce an original piece of scholarly research. The thesis or creative project is supervised and defended in front of a faculty committee. Students are able to engage with professors who are nationally recognized in their fields and committed to working with honors students. Completing a Barrett thesis or creative project is an opportunity for undergraduate honors students to contribute to the ASU academic community in a meaningful way.

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In this paper, I first explain the legal theory which leads up to Obergefell v. Hodges, and then analyze Obergefell v. Hodges itself. My analysis leads me to conclude that the legal reasoning, or the argument used to come to the decision, is flawed for it relies too heavily upon

In this paper, I first explain the legal theory which leads up to Obergefell v. Hodges, and then analyze Obergefell v. Hodges itself. My analysis leads me to conclude that the legal reasoning, or the argument used to come to the decision, is flawed for it relies too heavily upon public opinion and is a legislative action of the Supreme Court. Therefore, I offer three alternatives: each of which improve upon the legal reasoning in different ways. Furthermore, my analysis of these three arguments\u2014and particularly the Free Exercise Argument\u2014leads me to postulate that there is in fact a Freedom to Practice embedded in the penumbral, or unstated, rights of the United States Constitution. While the full extent of the implications of such a right must be explored in another paper, I establish the legal reasoning for the freedom by four routes, showing that although precedent has yet to materialize, there are several arguments for the freedom.
ContributorsMartin, Daniel Brockie (Author) / Kramer, Zachary (Thesis director) / Graff, Sarah (Committee member) / Department of Physics (Contributor) / Barrett, The Honors College (Contributor)
Created2015-12