Obergefell v. Hodges
June 26, 2015

Obergefell v. Hodges is a landmark civil rights case in which the United States Supreme Court ruled that same-sex marriage is a constitutional right under the Fourteenth Amendment. The case consolidated several cases from different states where same-sex couples were challenging the legality of state bans on same-sex marriage or the non-recognition of marriages performed in other jurisdictions.

Section 1 of the Fourteenth Amendment reads:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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 primary questions before the Court were:
  • Does the Fourteenth Amendment require states to issue licenses for a marriage between two people of the same sex?
  • Does the Fourteenth Amendment require states to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Decision: The Supreme Court ruled in a 5-4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other jurisdictions. Justice Anthony Kennedy wrote the majority opinion, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.

Reasoning: Writing for the majority, Justice Kennedy stated 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."  The key points of the ruling included:
  • Right to Marry: The Due Process Clause guarantees certain fundamental liberties against infringement by the state. The Court recognized marriage as one of these fundamental liberties, which cannot be denied without a compelling reason.
  • Dignity and Autonomy: Marriage is a profound commitment and personal choice central to individual dignity and autonomy. The exclusion of same-sex couples from marriage violates their dignity and works a grave and continuing harm.  Kennedy’s Opinion also emphasized that marriage is a profound union that embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.
  • Children: By recognizing same-sex marriages, the law provides legal stability and security for children raised by same-sex couples. Legal marriage ensures that both parents have recognized parental rights and responsibilities. This can prevent legal uncertainties about guardianship, especially in cases of separation or the death of a parent.

Dissenting Opinions: The dissenting justices (Roberts, Scalia, Thomas, and Alito) argued that the Constitution does not address the issue of same-sex marriage, and so the matter should be left to the states or the democratic process to decide. Chief Justice Roberts contended that the decision overstepped the Court's role, effectively enacting a new social policy rather than interpreting the law.

 Importance 
  • Civil Rights Milestone: The ruling is a significant milestone in the civil rights movement, ensuring marriage equality for same-sex couples across the United States.  It builds upon a legacy of civil rights cases that have sought to dismantle discriminatory barriers based on characteristics such as race, gender, and now sexual orientation. It draws parallels with landmark cases like Loving v. Virginia (1967), which overturned bans on interracial marriage.
  • Legal Precedent:  The ruling invalidated state laws and constitutional amendments that banned same-sex marriage, setting a clear precedent that state regulations cannot contravene constitutional rights as interpreted by the Supreme Court.  This sets a precedent for interpreting the Fourteenth Amendment in ways that affirm the rights of LGBTQIA+ individuals.
  • Social Impact: The ruling contributed to the normalization of same-sex relationships in American society, promoting broader acceptance and reducing stigma.  It brought increased visibility to LGBTQ+ individuals and their relationships, fostering greater understanding and empathy among the general public.
  • Federal Recognition: It ensured that same-sex marriages would be recognized across state lines and by the federal government, granting same-sex couples the same legal recognition and protections that heterosexual couples enjoy.
  • Access to Benefits: Marriage provides access to various benefits, such as health insurance, tax benefits, and social security benefits.  This includes rights related to inheritance, health care decisions, and parental custody.

Conclusion
Obergefell v. Hodges represents a pivotal moment in the fight for LGBTQIA+ rights in the United States. By affirming the right of same-sex couples to marry, the Supreme Court not only acknowledged the dignity and equality of LGBTQIA+ individuals but also reinforced the broader principles of liberty and justice under the Constitution.
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