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Obergefell vs. Hodges
Obergefell vs. Hodges Court Case
What other cases had an impact on this case?
Ohio
- Obergefell v. Kasich
- Henry v. Wymyslo
Kentucky
- Bourke v. Beshear
- Love v. Beshear
Tennessee
- Tanco v. Haslam
Works Cited
- https://www.oyez.org/cases/2014/14-556
- http://www.gallup.com/poll/186518/sex-marriages-supreme-court-ruling.aspx
- http://www.cbsnews.com/news/dissenting-opinions-in-the-supreme-courts-same-sex-marriage-ruling/
What were the majority and dissenting opinions?
- 5-4 Decision
- Majority Opinion: Gay Marriage should be legal everywhere in the U.S
- Dissenting Opinion: It should be the state's decision whether or not to allow gay marriage
- Ginsburg, Breyer, Sotomayor, Kagan, and Kennedy all voted majority
- Justice Kennedy was the swing vote for this case
- Scalia, Thomas, Roberts, and Alito all voted for the dissenting opinion
What occurred that forced this into the Supreme Court?
James Obergefell and his partner had been together for 21 years in Ohio (where gay marriage is NOT legal). John Arthur, his partner, became ill and the two decided to go to Maryland (where gay marriage IS legal) and get married. John soon died 3 months later and the state of Ohio did not recognize that James and John had been married and his name was not put on John's death certificate. This means that James has no say over what happens to the items that both James and John had shared for 21 years. Obergefell decided to sue the state of Ohio and states that it contradicts the 14th Amendment. The Sixth Circuit Court of Appeals did not agree with that statement so Obergefell was forced to take it to the Supreme Court.
How has the case impacted society afterwards?
- The 14th Amendment now requires both marriage licensing and recognition for same sex couples
- Estimated increase of 96,000 same sex married couples after the ruling
- Nearly 1 in 10 LGBT couples are married
By Sophie Backhouse