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Verdict

Obergefell V. Hodges

2015

Legacy/ Precedent Set

Political Implications/Controversies

Related cases

ladder up to the U.S. Supreme Court

Supreme court Background/Historical info

Precedents

Controversy

U.S. District Court for the Southern District of Ohio

  • Civil Liberty v.s Civil Right
  • Lawsuit
  • Lead Defendant: Governor John Kasich

5-4 Decision in Favor of Petitioners

  • Hollingsworth v. Perry and United States v. Windsor (Jun. 26, 2013)
  • Varnum v. Brien (Apr. 3, 2009)
  • In re Marriage Cases (May. 15, 2008)
  • Lewis v. Harris (Oct. 25, 2006)
  • Hernandez v. Robles (Jul. 6, 2006)

- civil liberty: concern basic rights and freedoms that are

guaranteed

- civil right: right to be free from unequal treatment based

on certain protected characteristics (race, gender, disability,

etc.)

July 19, 2013

July 22, 2013

Sept. 2013

  • Judge Timothy S. Black grants restraining order
  • On June 26th , 2013, United States v. Windsor, the United States Supreme Court held that section 3 of the Defense Of Marriage Act(commonly referred to as DOMA) is unconstitutional (SCOTUSblog.com, 2015). Marriage as a union between one man and one woman (GPO.org). With that definition removed from federal law, a path was opened up to allow same-sex couples to marry. However, the Supreme Court would not rule on that for another two years.

  • Justice Anthony M. Kennedy

Baehr v Lewin

On the year of 1993 a court case was issued. Pending on same sex marriage in the state of Hawaii. Nina Baehr sued the state of Hawaii for a rebuffing to marry her same-sex partner.Baehr claims, that is is unconstitutional not letting her to marry her partner. The discrimination they were receiving for wanting to marry their partner. Baehr and Lewin declare that it violates more than one amendment. They were the first couple to successfully begin a same sex- marriage case in Hawaii.

Baker v Nelson

Minnesota Supreme Court addresses that interdicting same sex marriage, does not violate the 14th amendments for the constitution. Baker and Nelson are two males who were declined a marriage license in the state of Minnesota. It was declined because they were the same sex.

Baker v Nelson is know as a precedent court case.

Majority: "As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is they do respect it, respect it so deeply that they seek to find its fulfillment for themselves." - Justice Kennedy

Dissenting: "But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be." - Chief Justice Roberts

  • 2 New Plaintiffs: David Michener & Robert Grunn
  • New Lead Defendant: Theodore Wymyslo

So what does this mean?

Political Implication

  • Judge declares unconstitutional

Dec, 23, 2013

  • Taiwan legalized gay marriage

Same-Sex Marriage

  • 14th amendment: Due process & Equal Protection Clause

- The first in Asia to legalize gay marriage

- Tried to get it to pass but failed at first

While previously some states had allowed same-sex marriage and some had banned it outright, now a universal, federal consensus was declared.

Obergefell vs. Hodges, No. 14-556, states:

“The fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution” (Supremecourt.gov, 2015).

Same-sex marriage was not yet recognized in most states in 2013.

A total of six lower court cases involving couples, their children, adoption agencies, and a widower were consolidated in the case that would become Obergefell v. Hodges. One of those cases involved James Obergefell, who along with his partner John Arthur sought legal recognition of their union in opposition to a state ban in Ohio. Obergefell sought be the surviving spouse on Arthur's death certificate. Arthur was terminally ill with ALS at the time, and ultimately died during the proceedings.

(“Obergefell v. Hodges”).

Sixth Circuit Court of Appeals

  • Wymyslo appealed

By Cassandra, Laura, Azareth, Danielle, Lizbeth

  • Appellate briefs/Amicus briefs filed
  • Oral arguments

1970: 1st gay couple to apply for marriage licence in US

1991: 2 Phoenix men granted marriage license but Supreme Court invalidated

FOX drama series ROCK depicts same sex marriage

2004: 1st gay couple legally married in San Francisco

2012: Obama 1st sitting president to publicly support same sex marriage

Jan. 16, 2014

August 6, 2014

Nov. 6, 2014

  • New Lead Defendant: Richard Hodges

So now what?

  • 2/3 judges overturn

decision

Our recommendation is that this policy must be upheld, maintained, and expanded.

Further policy recommendations include supporting the Equality Act of 2015, which

"Expands protections for the LGBT community by including sex, sexual orientation, and gender identity to the list of protected categories against various forms of discrimination and prohibit the use of the Religious Freedom Restoration Act of 1993 in a claim, defense, or challenge to proposed protections" (Govtrack.us)

(in committee now!)

U.S. Supreme Court

  • Obergefell filed petition for writ of certiorari
  • 14th Amendment, Full Faith & Credit Clause

Nov. 14, 2014

Jan. 16, 2014

  • Justices accepted

Majority opinion (Unanimous vote)

All states shall license marriages between same-sex couples and recognize all marriages that were lawfully performed out of state.

Opinion:

Rationale:

References

Under the 14th Amendment, no citizen shall be deprived of life, liberty, and property without due process of law. The right to marry and to have the state recognize one's marriage cannot be denied without justification. In accordance to the Equal Protection Clause, all citizens must have equal rights and privileges. If couples of opposite sex can marry, same-sex couples should receive the same treatment.

April DeBoer, Jayne Rowse react to same-sex marriage ruling. (2015, June 26). The Detroit News.

Retrieved October 18, 2015, from http://www.detroitnews.com/videos/news politics/2015/06/26/29343569/

Govtrack.us. (n.d.) Summaries for the Equality Act. Retrieved October 11, 2015 from

https://www.govtrack.us/congress/bills/114/hr3185/summary

GPO.org. (n.d.). H.R. 3396. Retrieved October 11, 2015, from

http://www.gpo.gov/fdsys/pkg/BILLS-104hr3396enr/pdf/BILLS-104hr3396enr.pdf

Another couple in the case was April DeBoer and Jayne Rowse from Michigan.

(with their two-year-old daughter, Rylee)

Guilen, L. (Ed).(2015). Marriage Rights and Benefits. Retrieved October 11, 2015, from

http://www.nolo.com/legal-encyclopedia/marriage-rights-benefits-30190.html

J. Bosman & J. Lott. (2015). One couple’s unanticipated journey to center of landmark gay rights case.

Retrieved from http://www.nytimes.com/2015/01/25/us/one-couples-unanticipated-journey-to-center-

of-landmark-gay-rights-case.html

Landers, G. (Photographer). (2015).Retrieved from

http://www.nydailynews.com/news/national/john-arthur-pro-gay-marriage-activist-dies-48-article-1.1492793

Lein, Art. (2015). Mary L. Bonauto Arguing in Obergefell v. Hodges [sketch].. Courtartist.com. Retrieved from

http://courtartist.com/2015/04/same-sex-marriage-arguments.html

Jim Obergefell, right, and John Arthur, left. (Landers, 2015)

"LGBT Rights on the Docket." ACLU of Ohio. N.p., n.d. Web. 05 Dec. 2016.

<http://www.acluohio.org/archives/cases/obergefell-v-hodges>.

Obergefell v. Hodges. (n.d.). Retrieved October 13, 2015, from

http://www.lgbtqnation.com/tag/obergefell-v-wymyslo/

(Lein, 2015)

SCOTUSblog.com (2015). United States v. Windsor. Retrieved October 11, 2015, from

(J. Bosman & J. Lott, 2015)

http://www.scotusblog.com/case-files/cases/windsor-v-united-states-2/

Supremecourt.gov (2015). Obergefell et al. v. Hodges. Retrieved October 11, 2015, from

http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

On April 28, 2015, arguments began in Obergefell v. Hodges. It would be nearly two months before Jim Obergefell, April DeBoer, Jayne Rowse, the other plaintiffs, and the rest of the country would find out if same-sex couples would have the legal right to marry.

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