Abstract

This work aims to assay the majority decision in the trial of the case Obergefell v. Hodges in light of the theoretical framework developed by Axel Honneth and Nancy Fraser and its impact on the interpretation and criticism of proactive attitudes of the judiciary. It is argued that the vote of Justice Kennedy includes a set of implicit discourse that not only establish the subordination status of homosexual unmarried couples - often so criticized by Fraser - but essentializes the gay identity. It uses the analytic induction method and the analysis of critical feminist discourse. Moreover, it also uses the indirect documentation.

Keywords:
Marriage Gay; Gays Minorities; Recognition; Fundamental Rights.