Obergefell v. Hodges 576 U.S. 2015 By: Krista Lebar and Sean Pankopf

What is the constitutional issue involved in the case? The constitutional issue was that state bans on same-sex marriage and on recognizing same-sex marriages duly performed in other jurisdictions are unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment to the U.S. Constitution.

Who were the parties involved in the case? The parties involved James Obergefell and Richard Hodges.

When and where did the case take place? The case took place from April 28 to June 26, 2015 in the United States.

What events lead up to the case before going to the Supreme Court? Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges. After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit. In November 2014, following a lengthy series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional. This created a split between circuits and led to an almost inevitable Supreme Court review.

What court/courts heard this before going to the Supreme Court? Groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage or refusal to recognize legal same-sex marriages that occurred in jurisdictions that provided for such marriages.

What was happening in the world that this case needed to be tried? Same sex couples were protesting that they could not be married legally. After several protests, the case was tried and as of June 26, 2015, all states were issued to assign marriage licenses to all same sex couples.

What was the Supreme Court’s ruling/decision? Obergefell overturned Baker and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. This established same-sex marriage throughout the United States and its territories.

What was the reasoning given by the Supreme Court for making their decision? In a majority opinion authored by Justice Anthony Kennedy, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since Baker.

What were the opposing viewpoints? Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves." Regardless of their accuracy (these claims are quite absurd when examined in light of the stated aims of the LGBT movement backing the challengers in Obergefell, and when considering that by its own hand the Court now "disrespect[s] the idea of marriage"), the Court has no authority or expertise to make such claims in the first place.

How do you feel about the ruling? I feel like the ruling was fair because the LGBTQ community fought for something they were passionate about, and got their wish granted by being able to get married legally in almost all 50 states.

What is your own dissenting/majority opinion? My dissenting opinion is that same-sex marriage did not follow the Fourteenth Amendment until the Obergefell v. Hodges case. There is also no “right” to address same-sex marriage, no liberty to government benefits, but just liberty from proactive government interference with one’s liberty. This was Justice Thomas’s dissent and his theory of rights that “come into being” under the Fourteenth Amendment.

What court cases are similar to Obergefell v Hodges? There are four court cases that are similar to Obergefell v Hodges. The first case is Lawrence v. Texas (2003). In 2013, the Supreme Court in Lawrence v. Texas struck down Texas’ sodomy law - and in turn invalidated sodomy laws in 13 other states - making private, consensual, adult sexual activity between same-sex couples legal across the U.S. The second one is United States v. Windsor (2013) After more than 40 years together, Edith Windsor and Thea Spyer were legally married in Toronto, Canada in 2007. Their marriage was officially recognized in New York in 2008 when their home state ordered state agencies to recognize same-sex marriages performed in other jurisdictions.

Similar court cases continued: The third court case is Hollingsworth v. Perry (2013). In 2009, two same-sex couples, Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo, filed suit against the state of California in federal court, arguing that California’s Proposition 8 violated the U.S. Constitution by denying them a fundamental right and depriving them of equal protection under the law. Prop 8, a state constitutional amendment defining marriage as between one man and one woman, had passed at the ballot the previous November, stripping same-sex couples of the right to marry in California. Attorneys Ted Olson and David Boies represented the couples, and marriage equality was returned to the Golden State.

Significance of the similar court cases: The significance of these court cases paved the way for same-sex marriage. There is obvious struggle for same-sex couples, and that might never go away. All these court cases were all under the same reason, and that was legal same-sex marriage. This case is considered “Landmark” because legalizing same-sex marriage was a breakthrough in modern day society.