Scribd Logo
Upload

Welcome to Scribd!

  • 546 views

    Obergefell v. Hodges

    Uploaded by

    Tashi Marie
    The Supreme Court ruled that states are required under the Fourteenth Amendment to issue marriage licenses to same-sex couples. The case involved fourteen same-sex couples challenging bans on same-sex marriage in four states. The Supreme Court reasoned that the right to marry is a fundamental right protected by the Constitution. Extending this right to same-sex couples is required by the Due Process and Equal Protection clauses of the Fourteenth Amendment, as same-sex couples cannot be deprived of this liberty or treated differently under the law than opposite-sex couples.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Obergefell v. Hodges

    Uploaded by

    Tashi Marie
    546 views3 pages
    The Supreme Court ruled that states are required under the Fourteenth Amendment to issue marriage licenses to same-sex couples. The case involved fourteen same-sex couples challenging bans on same-sex marriage in four states. The Supreme Court reasoned that the right to marry is a fundamental right protected by the Constitution. Extending this right to same-sex couples is required by the Due Process and Equal Protection clauses of the Fourteenth Amendment, as same-sex couples cannot be deprived of this liberty or treated differently under the law than opposite-sex couples.

    Original Description:

    fggs

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court ruled that states are required under the Fourteenth Amendment to issue marriage licenses to same-sex couples. The case involved fourteen same-sex couples challenging bans on same-sex marriage in four states. The Supreme Court reasoned that the right to marry is a fundamental right protected by the Constitution. Extending this right to same-sex couples is required by the Due Process and Equal Protection clauses of the Fourteenth Amendment, as same-sex couples cannot be deprived of this liberty or treated differently under the law than opposite-sex couples.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    546 views3 pages

    Obergefell v. Hodges

    Uploaded by

    Tashi Marie
    The Supreme Court ruled that states are required under the Fourteenth Amendment to issue marriage licenses to same-sex couples. The case involved fourteen same-sex couples challenging bans on same-sex marriage in four states. The Supreme Court reasoned that the right to marry is a fundamental right protected by the Constitution. Extending this right to same-sex couples is required by the Due Process and Equal Protection clauses of the Fourteenth Amendment, as same-sex couples cannot be deprived of this liberty or treated differently under the law than opposite-sex couples.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 3

    CaseDigest

    Obergefellv.Hodges
    Nos.14556,14571,and14574
    June26,2015

    Facts:
    Inthiscase,fourteensamesexcouplesweretheplaintiffs,
    and James Obergefell was one of them. The defendant is the
    DirectoroftheOhioDepartmentofHealthnamedRichardHodges.
    The States of Ohio, Michigan, Kentucky, and Tennessee
    definedmarriageasaunionbetweenonemanandonewomananddid
    notrecognizesamesexmarriages.Theplaintiffsconfrontedthese
    laws under the Fourteenth Amendment to the United States
    Constitution.Theychallengetheconstitutionalityofthosebans
    on samesex marriage. They filed lawsuits in federal district
    courtintheirhomestates.Theyarguedthat:
    1)TheStatesstatuteviolatedtheEqualProtectionClause
    andDueProcessClauseoftheFourteenthAmendment;
    2) The Fourteenth Amendment required the States to allow
    samesexmarriage;
    3)TheFourteenthAmendmentrecognizedthevalidityofsuch
    marriagesexecutedinotherjurisdictions.

    Thefederaldistrictcourtsruledinfavoroftheplaintiffs
    buttheCourtofAppealsconsolidatedthecasesandreversedthe
    rulingsconsequentlytheplaintiffsappealedtotheSupremeCourt
    oftheUnitedStates.
    Issue:
    Whetherornotmarriagelicensesmustbegrantedtosamesex
    couplesineveryState.

    Held:
    Yes.TheFourteenthAmendmentrequiresthattheStatesmust
    grant marriage licenses to samesex couples because samesex
    coupleshavetherighttomarryineveryState.
    TheSupremeCourtreasonedthatthehistoryofmarriageis
    manifestedbybothcontinuityandchange.Changes,forinstance
    the abandonment of the law of coverture and the waning of
    arranged marriage have affected characteristics of marriage.
    Thesenewinsightsinunderstandingmarriagehavefortifiedit,
    notdestabilizedit.
    Developments and shifts in public attitudes have made it
    possible for samesex couples to enjoy more open and public
    lives.Inthe2003,inthecaseofLawrencev.Texas,theSupreme
    Courtheldthatlawsthatmadesamesexintimacyacrime,were
    unconstitutionalandithumiliatedthelivesofgaypeople.It

    then overruled the 1986 caseof Bowers v. Hardwickwhich had


    sustainedaGeorgialawthatcriminalizedhomosexualconduct.
    TheDueProcessClauseoftheFourteenthAmendmentprotects
    fundamental liberties including personal choices that are
    essential to individual dignity and autonomy which include an
    individualsidentityandbeliefs.
    The Supreme Court has long held the right to marry is
    protected by the Constitution. For example, inLoving v.
    Virginia,theCourtnullifiedbansoninterracialmarriage.The
    Court must respect the fundamental reasons for protecting the
    righttomarryindeterminingwhetherthesamelegalreasoning
    shouldapplytosamesexmarriage.
    These analyses directed to the conclusion that samesex
    couplesmusthavetherighttomarrybecausetherighttomarry
    isafundamentalrightinherentinthelibertyoftheperson.
    Samesexcouplesshouldnotbedeprivedofthatrightand
    thatlibertyundertheDueProcessandEqualProtectionClauses
    oftheFourteenthAmendment.

    You might also like