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obergefell v. hodges by justice anthony m. kennedy a second principle in this court’s jurisprudence is that the right to marry is fundamental because it supports a two - person union unlike any other in its importance to the committed individuals. this point was central to griswold v. connecticut, which held the constitution protects the right of married couples to use contraception. suggesting that marriage is a right “older than the bill of rights,” griswold described marriage this way: “marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. it is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. yet it is an association for as noble a purpose as any involved in our prior decisions.” use this excerpt from the supreme court majority opinion in obergefell v. hodges, written by justice kennedy, to answer the question. how does the quotation strengthen justice kennedy’s argument? (1 point) by emphasizing the importance of marriage by challenging the idea that marriage is a unique institution by comparing contraception laws to same - sex marriage laws by citing precedent that marriage in any form is a fundamental right
To determine how the quotation strengthens Justice Kennedy’s argument, we analyze each option:
- Option 1: The quotation focuses on the nature of marriage, not just "emphasizing importance" generally. Eliminate.
- Option 2: The quotation describes marriage as unique (e.g., "a coming together... unlike any other" in purpose), so it does not "challenge" the idea of marriage as unique. Eliminate.
- Option 3: The quotation does not compare contraception and same - sex marriage laws. Eliminate.
- Option 4: The argument centers on marriage as a fundamental right. The quotation (along with citing Griswold v. Connecticut, which protected marital privacy) provides precedent: Griswold recognized marriage - related rights as fundamental, and the quotation defines marriage’s unique, fundamental nature. This supports that marriage (in any form, as the case argues for same - sex marriage) is a fundamental right.
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D. by citing precedent that marriage in any form is a fundamental right