Obergefell v. Hodges: A Landmark Decision

On June 26, 2015, the United States Supreme Court delivered a historic ruling in the case of Obergefell v. Hodges, establishing that same-sex marriage is a constitutional right under the Fourteenth Amendment. This landmark decision marked a significant victory for LGBTQ+ rights in the United States.

Background

The case was named after James Obergefell, who sued the state of Ohio for not recognizing his marriage to his partner, John Arthur, who had passed away. Obergefell’s case was one of several consolidated cases challenging state bans on same-sex marriage and the refusal to recognize legal marriages performed in other jurisdictions.

Legal Context

The central legal question was whether 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.

The Fourteenth Amendment

The Fourteenth Amendment to the United States Constitution, adopted in 1868, includes the Equal Protection Clause and the Due Process Clause. These clauses have been interpreted to guarantee fundamental rights and equal protection under the law to all citizens.

The Supreme Court’s Decision

In a 5-4 decision, the Supreme Court ruled that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, couples of the same sex may not be deprived of that right and that liberty.

Majority Opinion

Justice Anthony Kennedy authored the majority opinion, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Kennedy emphasized the dignity and autonomy of individuals in making personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs.

Dissenting Opinions

Chief Justice John Roberts, along with Justices Antonin Scalia, Clarence Thomas, and Samuel Alito, dissented. The dissenting opinions argued that the Constitution does not address marriage and that the decision should be left to the states or the democratic process.

Impact and Significance

The ruling effectively invalidated bans on same-sex marriage across the United States, requiring all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages performed in other jurisdictions. This decision was celebrated as a monumental step forward for civil rights, affirming the dignity and equality of same-sex couples.

Broader Implications

Obergefell v. Hodges has had a profound impact on American society, influencing public opinion and legal interpretations regarding LGBTQ+ rights. It set a precedent for further legal advancements in the fight for equality and has been cited in subsequent cases advocating for LGBTQ+ rights.

Conclusion

The decision in Obergefell v. Hodges represents a pivotal moment in the ongoing struggle for civil rights in the United States, underscoring the principle that all individuals are entitled to equal protection under the law, regardless of sexual orientation.