On June 26, 2015 the Supreme Court of the United States issued its momentous opinion in Obergefell v. Hodges. Only a few SCOTUS decisions have provoked such strong debate over the majority’s arguments and its understanding of human dignity or the nature of judicial power. In this blog conversation, American and European legal scholars and lawyers reflect on the postmodern understanding of marriage that inspired the decision and on the consequences of Obergefell for promotion of LGBTI-people’s rights, on religious exemptions, on democracy in the United States, on children’s rights, on the European Court of Human Right’s jurisprudence, and on the search for the compromise between religious freedom and anti-discrimination claims. This variety of reflections, both positive and critical, illustrates how the decision has become an important episode in American and global legal and human rights history.
Tanner Bean & Robin Fretwell Wilson. Obergefell, Our Common Humanity, and Putting Children First
Mark Hill QC. Judicial Overreach and Reasonable Accommodation: Some British Reflection on the US Supreme Court Decision in Obergefell v. Hodges
Eugenia Relaño Pastor. Postmodern Marriages for Postmodern Times: The Obergefell Case and the Strasbourg Court’s Jurisprudence
Christine Venter. Human Dignity, SOGI Claims, and the Obergefell Decision