Obergefell v. Hodges (2015)

Background Ohio couple married in Maryland as one man was dying of ALS. Survivor denied “surviving spouse” status as Ohio law only recognized traditional marriage.

Federal District Court Dist. Court Judge ruled Ohio law discriminatory under the 14th Amend. “Equal Protection” Clause. Ohio appealed to 6th circuit Court of Appeals in Cincinnati.

6th Circuit 6th Circuit took an “originalist” view – no federal issue involved. First federal appeals court to uphold a ban on same-sex marriage. Obergefell appealed to S.C.. “circuit split”

Interest Group involvement GLAD (Gay & Lesbian Advocates & Defenders) picked up tab for Obergefell. Roughly 150 amicus briefs filed (including one by the Obama administration).

Supreme Court Supreme Court granted certiorari and heard oral arguments in April 2015. U.S. v. Windsor (2013) which struck down DOMA is an important precedent.

U.S. v. Windsor (2013) Court ruled 5-4 that the Defense of Marriage Act (DOMA) violated the equal protection standard inherent in the 5th Amendment. Decision required the federal government to recognize same-sex marriages.

Windsor split on the Court Ginsburg Roberts Scalia Thomas Alito Breyer Kennedy Sotomayor Kagan

Obergefell decision Announced in June 2015. Ohio law banning gay marriage struck down 5-4. Justices voted same as Windsor. Kennedy wrote the decision. Each justice in minority wrote his own dissent.

Where can I use this? Federalism – 10th Amendment 14th – Equal Protection Expansion of federal power Interest Groups – multiple access points Liberals v. Conservatives Influence of public opinion on public policy.

Where can I use this? Judicial Review. Checks & Balances. Amicus curiae (or “green”) briefs. “Center controls the Court.” Judicial Activism v. Restraint. Stare decisis. Certiorari (“circuit split”).