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Obergefell v. Hodges: Difference between revisions
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|cited=Loving v. Virginia | |cited=Loving v. Virginia |
Latest revision as of 03:36, July 14, 2023
Obergefell v. Hodges | |
Court | Supreme Court of the United States |
---|---|
Citation | |
Date decided | June 26, 2015 |
Appealed from | 6th Circuit |
Reaffirmed | Zablocki v. Redhail |
Cited | Loving v. Virginia |
Facts
James Obergefell & his partner John wanted to marry. John was wheelchair-bound & terminally ill. At the time, they lived in Ohio where same-sex marriage was banned. Therefore, they married in Maryland where same-sex marriage was recognized.
When John passed away, Ohio upheld its same-sex marriage ban. Ohio state officials refused to list James as John's surviving spouse on the death certificate.Procedural History
Obergefell & 13 others sued the officials of the state of Ohio for the ban on same-sex marriage.
Obergefell loses at the 6th Circuit.Issues
1. Does the 14th Amendment require states to issue marriage licenses to same-sex couples?
2. Are states required to recognize lawful out-of-state marriages of same-sex couples?Arguments
Marriage is key to
- tax benefits
- inheritance benefits
- evidentiary privileges
- medical decision-making authority
Clarence Thomas dissented by noting that the Due Process Clause (DPC) doesn't provide a basis for creating new substantive rights.
Antonin Scalia noted that the ruling was un-democratic because the majority of Americans in 2015 rejected same-sex marriage. He called the majority opinion "a threat to American democracy."Holding
The United States Constitution prohibits states from denying same-sex couples the right to marry.
Same-sex couples have a constitutional right to marry in all the states of the United States.