Challenges of the 21st Century

AP US History· difficulty 3/5

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. The Constitution grants same-sex couples equal dignity in the eyes of the law. The right to marry is a fundamental right inherent in the liberty of the person. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex." — Justice Kennedy, Obergefell v. Hodges, 2015

Justice Kennedy's opinion grounded the right to same-sex marriage in

  • A

    The Privileges or Immunities Clause exclusively

  • B

    Substantive due process and equal protection liberty interests

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  • C

    The Tenth Amendment

  • D

    Article IV's Full Faith and Credit Clause

Explanation

Kennedy's opinion blended Fourteenth Amendment due-process liberty and equal-protection equality reasoning.

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