The Rhetorical Culture of 'Liberty' in Obergefell v. Hodges
Open Access
Author:
Zahn, Daniel A
Area of Honors:
Communication Arts and Sciences
Degree:
Bachelor of Arts
Document Type:
Thesis
Thesis Supervisors:
Jeremy Engels, Thesis Supervisor Lori Ann Bedell, Thesis Honors Advisor
Keywords:
Supreme Court rhetoric law obergefell lgbtq rights lgbtq
Abstract:
On June 26th, 2015, the Supreme Court of the United State of America announced its decision in the consolidated case of Obergefell v. Hodges. It ruled that the right of same-sex couples to marry was within the concept of liberty, and therefore States which prohibited same-sex marriage violated the Due Process and Equal Protection Clauses of the Constitution. This thesis analyzes the majority opinion in the consolidated case of Obergefell v. Hodges. First, I discuss my methodology. Then, I ground the thesis in three theoretical frameworks, a selected history of the concept of liberty, and the rhetorical situation of Obergefell v. Hodges. Finally, I analyze the rhetorical manner in which Justice Anthony Kennedy advocates for certain conceptions of liberty, ultimately contributing to the ongoing dialogue of American liberty.