Since the landmark 2015 decision in Obergefell v. Hodges, an estimated 900,000 same-sex couples have been married in the United States, reshaping both law and public life. The ruling declared that the freedom to marry is a fundamental right guaranteed by the Fourteenth Amendment, a conclusion celebrated as long overdue by some and commended a judicial overreach by others. The Constitution, like the nation it governs, is not static. Its interpretation evolves as courts and citizens revisit what liberty and equality require in changing times. Nearly a decade after Obergefell, Ermold v. Davis (2025) now tests whether that evolution reflects genuine constitutional principle or an act of judicial creation.
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