By what margin did the Supreme Court explicitly overrule Baker v. Nelson in 2016?
Baker v. Nelson Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971) is a case in which the Minnesota Supreme Court ruled that a state law limiting marriage to persons of the opposite sex did not violate the U.S. Constitution. Baker appealed, and on October 10, 1972, the United States Supreme Court dismissed the appeal "for want of a substantial federal question." Because the case came to the U.S. Supreme Court through mandatory appellate review (not "certiorari"), the dismissal constituted a decision on the merits and established "Baker v. Nelson" as precedent, though the extent of its precedential effect had been subject to debate. In May 2013, Minnesota legalized same-sex marriage and it took effect on August 1, 2013. Subsequently, on June 26, 2015, the U.S. Supreme Court explicitly overruled "Baker" in "Obergefell v. Hodges" making same-sex marriage legal nationwide.
Penumbra (law) In United States constitutional law, the penumbra includes a group of rights derived, by implication, from other rights explicitly protected in the Bill of Rights. These rights have been identified through a process of "reasoning-by-interpolation", where specific principles are recognized from "general idea[s]" that are explicitly expressed in other constitutional provisions. Although researchers have traced the origin of the term to the nineteenth century, the term first gained significant popular attention in 1965, when Justice William O. Douglas's majority opinion in "Griswold v. Connecticut" identified a right to privacy in the penumbra of the constitution.