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Obergefell v. Hodges (2015)
Transcript of Obergefell v. Hodges (2015)
By Devon Ostrander
Reasons Why It Was Brought To The Supreme Court
Obergefell then sued Ohio because it violated 14th amendment and the Equal Protection Clause. James felt that the law banning his ability to get married to another man felt that it was specifically made to discriminate against LGBTQ couples. Then, The local Register and District Court appealed saying it was unconstitutional. Yet, the Sixth Circuit Court of Appeals said it was Constitutional, so Obergefell appealed to the Supreme Court.
In a 5/4 decision, the Supreme Court ruled that all states have to allow same-sex marriages.
Effects On American Life
First, there is an increasing uptake by same-sex couples getting married, about 71,000 gay couples. The Catholic Church teaches that marriage can only be between a man and a woman and opposes introduction of both civil and religious same-sex marriage. The Church also holds that same-sex unions are an unfavorable environment for children and that the legalization of such unions is harmful to society.
Obergefell v. Hodges Case is one of the six cases from the aforesaid four states that appealed to the U.S. Supreme Court asking for recognized rights. James Obergefell and John Arthur were married, legally, in 2013. James and John were in Ohio, but that state doesn't recognize same-sex marriages, so the two flew to another state, Baltimore, Washington, which does recognize same-sex marriages, and had gotten married. Unfortunately, John Arthur died 3 months later from ALS.
When James Obergefell went back to Ohio, the state didn't recognize same-sex marriages, so they couldn't put on Arthur's death certificate that James was his spouse. (Side note- John Arthur was still alive when James started to sue the state, but he died very early into the process.)