Abstract
In the United States, marriage is considered a fundamental right. In the summer of 2022, the Supreme Court ruled on a landmark decision in Dobbs v. Jackson Women’s Health Organization. There were significant changes that came from this decision and implications that could heavily affect marriage rights in this country. While the majority opinion focused on overturning the right to abortion, Justice Thomas’s concurrence shed light on the possibility that marriage might have been “wrongfully decided.” Thus, creating an uproar from American citizens across the country. In 2015, the Court recognized same-sex marriage as legally valid and held that all states must recognize marriage between same-sex couples. However, the overtone displayed by Justice Thomas’ dissent has been very troubling in light of the Supreme Court overturning precedents, thus paving the way for Obergefell v. Hodges to fall as did Roe v. Wade. This Note begins with an analysis of the legal history of marriage rights and posits that there should be a constitutional amendment protecting marriage rights regardless of the “definition” used. This Note is designed to help assist those legislatures in enacting change in this country but also designed to inform American citizens of the volatile state of marriage rights.
Recommended Citation
Allison J. Cozart,
A Proposal to Reform the Institution of Marriage in the Post-Dobbs Era Though the Twenty-Eighth Amendment,
48
S. Ill. U. L.J.
185
(2023).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol48/iss1/8