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.
Read MoreDuring the civil rights protests of the 1960s, many pieces of legislation were passed to better secure rights for minority groups. Such legislation included the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Recently, however, civil rights legislation has come under attack with the Supreme Court’s decision in Cummings v. Premier Rehab Keller P.L.L.C (2022). In Cummings, the Court ruled that emotional distress damages—obtainable through Title VI of the Civil Rights Act—are not recoverable. [1] The Court’s ruling erects new barriers in the paths of victims who simply want to feel whole after being discriminated against. Thus, the crux of civil rights legislation is suppressed as victims will not be able to seek justice even though “emotional injury is often the primary, and at times the only, harm caused by discrimination.” [2]
Read More