As a Matter of Fact: Factual Methodology in Obergefell v. Hodges and its Implications for Public Policy

What are the implications of the confusing decision the Supreme Court reached in Obergefell v. Hodges that challenged the definition of marriage as legal bond between a man and a woman. Much of this confusion has arisen because instead of following the usual factual methodology to reach this groundbreaking (and very controversial) decision, the Supreme Court used an abnormal pattern of fact-finding. The use of abnormal methodology resulted in many complicated and tumultuous policy questions at both the State and National levels of government. This paper investigates both the methodology that resulted in the Supreme Court’s decision and its ramifications