Whether the judicial duty to identify and protect constitutional rights from Obergefell v. Hodges applies to state criminal cases and whether a conviction can stand when fundamental rights are violated

QUESTION(S) PRESENTED : Whether the judicial duty to identify and protect constitutional rights described in Obergefell v. Hodges (a civil case) applies to State criminal cases? See . Obergefell v. Hodges, 576 U.S. 644, 663, 135 S. Ct. 2584, 2597-98, 192 L. Ed. 2D 609 ’ 2015). Whether the State court of appeals 2) had a duty to identify and protect defendant’s fundamental rights (enumerated in the Bill of Rights), whether objected to at trial or not, that the record showed were violated in the trial court; and 3) whether defendant’s conviction for a crime should stand when the State has failed to accord federal constitutionally guaranteed rights to defendant and the State court of appeals did not find that the deprivation of those rights were harmless beyond-areasonable doubt? : 2