Obergefell v. Hodges

Obergefell v. Hodges, Supreme Court, 2015

Facts of the Case

James Obergefell and John Arthur, a same-sex couple, legally married in Maryland. They subsequently moved to Ohio, a state that did not recognize their marriage. When Arthur died, Ohio refused to list Obergefell as the surviving spouse on the death certificate. Obergefell, along with other same-sex couples, filed lawsuits challenging the constitutionality of state bans on same-sex marriage and the refusal to recognize legal marriages performed in other states. The cases were consolidated and presented to the Supreme Court to address whether same-sex couples have a constitutional right to marry.

Constitutional Question

Does the Fourteenth Amendment require 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 performed out-of-state?

Arguments

For Obergefell:

  • The right to marry is a fundamental liberty protected by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.
  • Denying same-sex couples the right to marry demeans their dignity and violates their right to equal protection under the law.
  • The exclusion of same-sex couples from the institution of marriage inflicts severe emotional and practical harm on them and their children.

For Hodges (Director of the Ohio Department of Health):

  • The definition of marriage as a union between a man and a woman is deeply rooted in history and tradition.
  • States should have the authority to define marriage and address the issue through democratic processes rather than judicial mandate.
  • Allowing same-sex marriage would lead to unforeseen consequences and societal changes that should be approached with caution.

The Decision

The Supreme Court, in a 5-4 decision, ruled in favor of Obergefell. Justice Anthony Kennedy, writing for the majority, held that the right to marry is a fundamental liberty that extends to same-sex couples under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The Court concluded that state bans on same-sex marriage and the refusal to recognize lawful out-of-state same-sex marriages are unconstitutional. The ruling emphasized that the exclusion of same-sex couples from marriage demeans their dignity and violates the principles of equal protection and due process.

Significance

Obergefell v. Hodges is a landmark case that legalized same-sex marriage across the United States. The decision affirmed that same-sex couples have the same fundamental right to marry as opposite-sex couples, providing them with equal legal recognition and protection. This ruling marked a significant victory for LGBTQ+ rights and underscored the principles of equality, dignity, and liberty in the context of marriage. Obergefell v. Hodges had a profound impact on American society, ensuring that marriage equality became the law of the land and advancing the cause of civil rights for LGBTQ+ individuals.