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Constitutional Law Keyed to Chemerinsky
Obergefell v. Hodges
Citation:135 S. Ct. 2584 (2015)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The petitioner, James Obergefell, a plaintiff in the Ohio case, met John Arthur, fell in love with him and started a life together, establishing a lasting relation. When Arthur was diagnosed with a debilitating, progressive disease, they decided to commit to one another and to marry, they traveled from Ohio to Maryland, where same-sex marriage was legal. When Arthur died three months later, Ohio did not allow Obergefell to be listed as the surviving spouse on Arthur’s death certificate. The Ohio statute required that they must remain strangers even in death. Obergefell brought suit to be shown as the surviving spouse on Arthur’s death certificate.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.