Obergefell v. Hodges Supreme Court Case

Questions to Consider?

14th amendment Section 1- All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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1.) What do you define a marriage as?

2.) Does/Should the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Amicus Brief Arguments

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Predictions/Decision

Amicus Brief Arguments Continued

Those briefs in opposition to same sex marriage argue that bans on same sex marriage do not violate the original meaning of the fourteenth amendment. Other briefs focus on originalism and how the court should consider the original intent of marriage of the framers, and should further practice judicial restraint. Other opposition briefs argue that like no-fault divorce, same sex marriage weakens the social expectation that parents should remain together.

If the supreme court was to decide that states aren't constitutionally required to issue marriage licenses to same-sex couples, the results would be chaos.

-Marriages in many states could be legally banned therefore producing even more court battles in the future.

The conservative battle focuses on the interference with states right's with their control of marriage, and the role of the judiciary.

-According to the hearings, the prediction of a 5-4 vote on the legalization of same-sex marriage is upheld to be true.

Overall the pace of change on same sex marriage and large public opinion will ultimately cause the supreme court to vote in favor and with the majority of the nation.

As of April 17, a record number of amicus briefs were filed for the case, 147. 76 support the case while 66 oppose and 5 remain unbiased.

Those briefs in favor focus on a variety of issues such as that no state has ever limited marriage to individuals who can procreate and thus arguments based on procreation must fail.

Douglas Laycock, a lawyer, argues that the court should protect the liberty of same-sex couples to marry, and the liberty of religious organizations not to recognize such marriages.

Other briefs argue that the court should consider that multiple democracies have legalized same sex marriage and have been able to successfully balance the rights of individuals to marry.

Key Arguments:

District Court Decisions

Arguments focus on conflicting views on history, tradition, biology, constitutional interpretation, the democratic process and the role of the courts in producing such vast social change.

-U.S district court judge Timothy Black ordered Ohio authorities to recognize same sex marriages on death certificates and further stated that the state's ban on same sex marriage is unconstitutional.

-November 6, 2014, 6th Circuit court ruled reversing the lower court's ruling and upholding the state ban on marriage equality.

-Supreme Court accepted Obergefell V. Hodges for review January 16, 2015

-Supreme Court held their hearing on April 28 and the final ruling is estimated to be around late June.

About the Case

- Obergefell V. Hodges is a federal lawsuit suing for the recognition by Ohio of same-sex marriage validly established in other jurisdictions.

• One partner, John Arthur, terminally ill could not identify his spouse, James Obergefell as his surviving spouse on his death certificate.

- This lawsuit combines three other same-sex marriage cases, Tanco V. Haslam, DeBoer V. Snyder, and Bourke V. Beshear. All of these cases challenge either a state's refusal to recognize same-sex marriage or to license same sex marriage.

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Obergefell v. Hodges Supreme Court Case

Sandra Ugorski