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Obergefell v. Hodges
Transcript of Obergefell v. Hodges
1. Does the Fourteenth Amendment require a State to
license a marriage between two people of the same sex
2. Does 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?
For Gay Marriage
The Establishment Clause (1st Amendment)
Restricts the establishment of a religion by Congress
Marriage bans were enacted with religious reasoning, violating the Establishment and Equal Protection Clause
Lack secular reasoning
For Gay Marriage cont.
Religious and moral disapproval has been an unsustainable basis
for justifying laws concerning disadvantaging minority groups in past cases
Moral and religious disapproval of same-sex marriage
does not constitute a legitimate governmental interest
Therefore, the marriage bans cannot survive Equal Protection Clause analysis
Against Gay Marriage
Marriage is traditionally defined as between a man and woman
Both a male and female are needed to bear children
Each child deserves to be raised by two parents: a mother and father
Parents are not interchangeable
Against Gay Marriage cont.
“The sad reality that so many children are deprived of this right because of the crisis in traditional marriage does not make it any less important. It is deeply disappointing and worrisome that our courts do not understand this.”
- Pope Francis
“The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.”
Thank you for your time!
By: Allison Dang
- The Supreme Court of Ohio
Other same-sex couples from Ohio, Kentucky, Michigan, and Tennessee
Rick Hodges (Department of the Ohio Department of Health)
James Obergefell and John Arthur James were legally married in 2013 in Maryland.
Later, John James passed away from terminal illness.
Due to Ohio law, state officials refused to acknowledge their marriage on James' death certificate.
Originally, the defense was comprised of Governor Kasich and Attorney General Mike DeWine.
On July 19, 2013, the U.S. District Court for the Southern Districts of Ohio ruled in favor of Obergefell, granting temporary allowance of acknowledgement.
However, Obergefell amended his case, adding other plaintiffs.
The Situation cont.
In the amended case, David Michener and Robert Grunn were added to Obergefell's side.
Together, they sought for the legalization of same-sex marriage and the recognition of same-sex marriage licenses.
The Defense was changed to be Hodges, the Director of the Ohio Department of Health.
Who were the prosecutors? Defendants?
The 14th Amendment
Equal Protection Clause
Due Process Clause
Legal requirement that the state must respect all legal rights that are owed to a person.
Obergefell's side argued that marriage was included in their right for life, liberty, and pursuit of happiness.
(above) James Obergefell
What does the clause call for?
Prohibits states from denying any person within its jurisdiction the equal protection of the laws
Requires individuals to be treated the same way as others in similar conditions and circumstances
How do you know when the clause has been violated?
Arises when a state grants a particular class of individuals the right to engage in an activity yet denies other individuals the same right
(left) Rick Hodges