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Obergefell v. Hodges
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Obergefell v. Hodges
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Case Overview
Topic 1
The particpants in the case Obergefell v. Hodges were Jim Obergefell and Rick Hodges. In 2013, Jim Obergefell sued the state of Ohio because they failed to recognize his marriage to John Arthur. The plaintiff, Jim Obergefell, argued that same-sex marriages needed to become legal. The defendant, Rick Hodges, argued that same-sex marriages should not be legal because it is unconstitutional.
Why did this case go to the Supreme Court?
Topic 2
This case went to the Supreme court because the Obergefell supplicants asked that the court considered whether the refusal of Ohio to recognize same-sex marriages violated the 14th amendment.
Why did the Court agree to hear it?
Subtopic 1
They agreed to hear it because it teared down the Section 3 of the Defense of Marriage Act, it contradicted federal acknowledgement to the same-sex marriages, stating them to be unconstitutional.
Defense of Marriage Act: "DOMA prevented same-sex couples whose marriages were recognized by their home states from receiving the many benefits available to other married couples under federal law." (regerlaw.com).
Constitutional Question raised by participants
Subtopic 2
Is it required by the 14th Amendment that a same-sex marriage obtain a license for their marriage?
Is it required by the 14th Amendment that a same-sex marriage be legal in another state if performed in another state with a legalized license?
Court decision
Topic 3
What was the Court's decision? Why? What was the actual vote count?
Subtopic 1
- The Supreme Court ruled that all the bans on same-sex marriage made by other states were unconstitutional. This made same-sex marriages legal all around America.
- They guaranteed their right to marriage because of the Due Process Clause and the Equal Protection Clause.
- The actual vote count was 5-4.
Was there a dissenting and/or concurring opinion to the majority? How are the concurrent opinions different from the majority opinion?
Subtopic 2
- Chief Justice John Roberts wrote a dissenting opinion. He was supported by Justices Thomas and Scalia.
- Justice Anthony Kennedy wrote the majority opinion. He was supported by Justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan, and Stephen Breyer.
- The majority declared that the bans of same-sex marriages violates the Equal Protection Clauses and the Due Process of the 14th amendment. The dissenting opinion declared that bans of same-sex marriages did not violate the 14th amendment.
Case's Significance
Topic 4
- The U.S Supreme Court guaranteed all same-sex couples the right to marry. This gave them acceptance all around America. This has affected members of the LGBT community in a positive way.
- We think the case was fairly settled because it gave the same-sex marriages full recognition and less prejudice.