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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

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.

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  • 2015-12
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