SUMMARY

1. The question of homosexual unions. Intrinsic value and general and principled repercussions - 2. In particular, form and substance in the jurisprudential paths of enhancement of the identity projection of freedom. Introductory remarks from the Italian case - 3. Peculiarities and interest of the approach of the US Supreme Court. The impact on the unity-differentiation dialectical polarization - 4. The setting of the case Obergefell v. Hodges. The right to marry as a fundamental right - 5. Developments and specifications. a) The relevance to the "liberty" of the XIV Amendment - 6. b) The solemnity of the commitment and the particular stability of the marriage union - 8. The (residual) impact of the principles of equality and non-discrimination - 9. The democratic dynamics and the role of the Court - 10. The objections of the minority: the boundaries of the Court's intervention - 11. The uncertain assessment of the work of the Court and its prospective impact - 12. Repercussions of a reconstructive nature and problematic evidence of general scope. Same sex marriage and the innovative value of freedom in the dynamics of the conflict between powers (and between institutional levels of government).