Obergefell v Hodges By: Lynzee Morris

The Constitutional Issue The 14th amendment Guarantees all citizens “equal protection of the laws” Due process clause/ Equal Protection Clause No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The right to marry is guaranteed to same sex couples under this clause as a fundamental liberty.

Parties Involved Time and Place Obergefell- the main petitioner Hodges- director of Ohio Department of Health 14 couples and 2 men whose partners died Time and Place Michigan, Kentucky, Ohio, Tennessee Groups of gay couples sued their state agencies in these states January 16, 2015- granted April 28, 2015- argued June 26, 2016- decided

Events leading up What was happening in world The couples filed suits in federal courts Denied right to marry or be recognized as married What was happening in world People were being denied marriage as same sex couples Refugee crisis in Europe due to Syrian Civil War ISIS terrorist attacks in Paris, Turkey, Ankara, and US Paris Climate Accord- document attempting to slow climate change China’s economy was slowing down and stock market plunged

Courts before Supreme Court’s Ruling Trials in each separate states US Court of Appeals for the Sixth Circuit Favor of plaintiffs Trial courts in each state US Court of Appeals Reversed that decision Supreme Court’s Ruling 5-4 favored Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan- for Roberts, Thomas, Scalia, and Alito- against

Reasoning for Ruling Opposing Viewpoints Due process clause and equal protection clause of 14th amendment guarantee right to marry as a fundamental liberty Opposing Viewpoints Constitution doesn’t address it Beyond purview of court to decide for the states

I agree with the ruling I agree with the ruling, because all people should be able to marry the person they love without question. There are too many countries without LGBTQ+ rights or that punish people that identify in this community. All of these people are perfectly normal and deserve the same rights as any straight couple. Therefore, gay marriage should definitely be legal and recognized in all 50 states.

Majority Opinion Dissenting Opinion Under due process and equal protection clauses, same sex couples are not allowed to be denied the right and liberty of marriage. This opinion was written by Kennedy. Dissenting Opinion The chief justices have no right to decide what the law should be, and this decision will cause a social divide. This opinion was written by Roberts.

Significance The immediate impact is that the 14 couples from the petition will now be able to get married or be recognized as married. The long term impact is that couples for many years to come won’t have to experience not being allowed to get married. Hopefully, this ruling will also lead to more people accepting gay couples as “normal”. This case is “landmark” because it led to many people feeling more comfortable being out and proud, and allowed so many couples to be able to marry wherever they live without worries.