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Obergefell v. Hodges
3
Transcript
Obergefell v. Hodges
Outcome
Background
- 5-4 decision for Obergefell
- Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states.
- Majority opinion by Anthony M. Kennedy "...the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples in the same manner as it does to opposite-sex couples."
- First Amendment protects the rights of religious organizations to keep their principles, but states can't deny same-sex couples the right to marry on the same terms as those for opposite-sex couples for religious reasons.
- James Obergefell and John Arthur, a same-sex couple married in July of 2013, claim that the state discriminates against same-sex couples who have married lawfully out-of-state.
- Arthur was terminally ill and suffering from ALS. He wanted to identify Obergefell as his surviving spouse on his death certificate.
- The couple was granted a temporary retraining order prohibiting state officials from listing Arthur as unmarried on his death certificate, in case he died before the court could consider the case.
- District judge, Timothy Black, wrote that "[t]hroughout Ohio's history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized"
- Arthur died on Oct. 22, 2013.
Story
Legacy
- Redefined marriage
- Caused controversy
- Further split the political parties
- Prior to the case, 36 states, the District of Columbia, and Guam already issued marriage licenses to same-sex couples
- Rulings were made in the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional
- The Sixth Circuit ruled in Baker v. Nelson that state bans were constitutional.
- Created a split between circuits, Supreme Court had to resolve the split.
- Obergefell v. Hodges is a consolidation of the following cases all dealing with same-sex marriage:
- DeBoer v. Snyder
- Obergefell v. Kasich
- Henry v. Wymyslo
- Bourke v. Beshear
- Love v. Beshear
- Tanco v. Haslam
- Claims from each of the six district court cases were made to appeal to the Supreme Court of the United States.
Works Cited
Question
(1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
(2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state?
- "Obergefell v. Hodges." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d. Mar 25, 2016. <https://www.oyez.org/cases/2014/14-556>
- Wikipedia. Wikimedia Foundation. Web. 27 Mar. 2016. <https://en.wikipedia.org/wiki/Obergefell_v._Hodges>.
- "Obergefell v. Hodges." LGBTQ Nation RSS. Web. 27 Mar. 2016. <http://www.lgbtqnation.com/tag/obergefell-v-wymyslo/>
- "LGBT Rights on the Docket." Obergefell v. Hodges. Web. 27 Mar. 2016. <http://www.acluohio.org/archives/cases/obergefell-v-hodges>.
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