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Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmerman
Judicial Activism And Arbitrary Control: A Critical Analysis Of Obergefell V Hodges 556 Us (2015) - The Us Supreme Court Same-Sex Marriage Case, Augusto Zimmerman
Augusto Zimmerman
This article critically analyses the recent US Supreme Court decision in Obergefell v Hodges, the samesex
marriage case. The court in Obergefell put a stop to the democratic process by removing an important
issue from the realm of democratic deliberation. These unelected judges held that their nation’s federal
constitution should ‘evolve’ in a way that is supported by neither the document’s language, nor its history
or authority. In short, they have imposed their worldview on the people at the expense of federalism and
the democratic process. This is why Justice Alito was so correct to state that such an exercise …