Obergefell v. Hodges
Obergefell v. Hodges was a landmark decision United States Supreme Court case. The Court held that the recognition and provision of same-sex marriage is a fundamental right.[2] They ruled it is guaranteed by the Fourteenth Amendment to the United States Constitution.[a][2]
| Obergefell v. Hodges | |
|---|---|
 | |
| Argued April 28, 2015 Decided June 26, 2015 | |
| Full case name | James Obergefell, et al., Petitioners v. Richard Hodges, Director, Ohio Department of Health, et al. |
| Docket nos. | [[[:Template:SCOTUS URL Docket]] 14-556] |
| Citations | 576 U.S. ___ (more) 135 S. Ct. 2584; 192 L. Ed. 2d 609; 83 U.S.L.W. 4592; 25 Fla. L. Weekly Fed. S 472; 2015 WL 2473451; 2015 U.S. LEXIS 4250; 2015 BL 204553 |
| Related cases | Bourke v. Beshear, DeBoer v. Snyder, Tanco v. Haslam, Love v. Beshear. |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Holding | |
| The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. United States Court of Appeals for the Sixth Circuit reversed. Baker v. Nelson overturned. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan |
| Dissent | Roberts, joined by Scalia, Thomas |
| Dissent | Scalia, joined by Thomas |
| Dissent | Thomas, joined by Scalia |
| Dissent | Alito, joined by Scalia, Thomas |
| Laws applied | |
| U.S. Const. amend. XIV | |
This case overturned a previous ruling or rulings | |
| Baker v. Nelson (1972)[1] | |
Not one lawsuit
The U.S. Supreme Court case, Obergefell v. Hodges, is not the result of one lawsuit. Instead, it is the result of a consolidation of six lower-court cases originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. The original cases hail from the four states of Michigan, Ohio, Kentucky, and Tennessee. All six federal district courts ruled for the same-sex couples and other claimants. The lead plaintiff in the case was Jim Obergefell.[4] He had challenged Ohio's ban on same-sex marriage.[4] He filed the lawsuit because he could not put his name on his partner, John Arthur's death certificate.[4] Ohio would not recognize their marriage in Maryland.[5]
Decision
The dissents in the Obergefell case argued that this decision was not based in law.[6] Chief Justice Roberts, in his dissenting opinion, explained the Obergefell plaintiffs’ “‘fundamental right’ claim falls into the most sensitive category of constitutional adjudication.” The claim is not based on a right mentioned in the constitution. Instead, it was argued that it discrimination against “a right implied by the Fourteenth Amendment’s requirement that ‘liberty’ may not be deprived without ‘due process of law.’”[7]
On June 26, 2015, Obergefell requires all states to issue a license to marry between all people of the same sex.[b] It requires all states to recognize same-sex marriages performed in other jurisdictions.[9]
Obergefell V. Hodges Media
Outside the Supreme Court on the morning of June 26, 2015, James Obergefell (foreground, center) and attorney Al Gerhardstein (foreground, left) react to its historic decision.
Plaintiffs Gregory Bourke (left) and Michael DeLeon (right) celebrate outside the Supreme Court building on June 26, 2015.
Judge Jeffrey Sutton wrote the Sixth Circuit's majority opinion upholding same-sex marriage bans, causing the circuit split that helped trigger Supreme Court review.
On the morning of June 26, 2015, outside the Supreme Court, the crowd celebrates the Court's decision.
Justice Anthony Kennedy authored the Court's opinion declaring same-sex couples have the right to marry.
In his dissent, Chief Justice John Roberts argued same-sex marriage bans did not violate the Constitution.
Justice Clarence Thomas wrote a dissent rejecting substantive due process.
The White House illuminated in rainbow colors, which appear on the LGBTQ+ pride flag, on the evening of the ruling
Plaintiffs Jimmy Meade (left) and Luke Barlowe (right) celebrate at Lexington Pride Festival, Lexington, Kentucky, on the day after the Obergefell ruling.
Alabama counties issuing marriage licenses to all couples (blue) and counties issuing licenses to no one (purple) prior to August 29, 2019
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Notes
References
- ↑ Obergefell v. Hodges, No. 14-556, slip op. Archived 2015-06-26 at the Wayback Machine at 23 (U.S. June 26, 2015).
- ↑ 2.0 2.1 Obergefell v. Hodges, 576 U.S. (2015) (“The Court now holds that same-sex couples may exercise the fundamental right to marry.”).
- ↑ "Fundamental Right". Cornell University Law School. Retrieved 30 June 2015.
- ↑ 4.0 4.1 4.2 Bill Chappell (26 June 2015). "Supreme Court Declares Same-Sex Marriage Legal In All 50 States". NPR. Retrieved 30 June 2015.
- ↑ Jennifer Bendery (24 June 2015). "A Day In The Life Of Waiting For The Supreme Court Decision On Marriage Equality". TheHuffingtonPost.com, Inc. Retrieved 30 June 2015.
- ↑ Eliott C. McLaughlin (30 June 2015). "Most states to abide by Supreme Court's same-sex marriage ruling, but ..." CNN. Retrieved 30 June 2015.
- ↑ Millhiser, Ian (29 June 2015). "Chief Justice Roberts' Marriage Equality Dissent Has A Hidden Message For Conservatives". ThinkProgress. Archived from the original on 30 June 2015. Retrieved 30 June 2015.
- ↑ Charles J. Dean (29 June 2015). "Roy Moore: Alabama judges not required to issue same-sex marriage licenses for 25 days". Alabama Media Group. Retrieved 30 June 2015.
- ↑ "Read the opinion: Supreme Court rules states cannot ban same-sex marriage". CNN, p. 5. Retrieved 30 June 2015.