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Main Content

Casebook Read Credits
Gender, Sexuality, and the Law
Section 10
1 hour

Obergefell and Beyond

Mary R Ziegler

In this unit, we will consider the Court's landmark decision in Obergefell v. Hodges, 135 S.Ct. 2584 (2015)--its modes of argumentation, strengths, weaknesses, and political response. We will consider the political and social movement response to Obergefell as well. Was a focus on marriage likely to harm the most marginalized members of the LGBTIQ+ community, particularly people of color or those with fewer resources? Did the movement's strategies produce a potential backlash, and if so, why and how? Is the reaction to Obergefell different than the political response to Roe v. Wade? Has that reaction changed over time? Would there be a better way to write Obergefell in the face of new challenges? What are the weaknesses that critics will target?

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