Obergefell v. Hodges
Obergefell v. Hodges is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same- sex couples on the same terms and conditions as those of opposite-sex marriage.
About Obergefell v. Hodges in brief
Obergefell v. Hodges is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same- sex couples on the same terms and conditions as those of opposite-sex marriage. The case of Obergefell is not the culmination of one lawsuit. It is the consolidation of six lower-court cases, originally representing sixteen same-Sex couples, seven of their children, a widower, an adoption agency, and a funeral director. The cases came from Michigan, Ohio, Kentucky, and Tennessee. In June 2013, following the U.S. Supreme Court’s decision in United States. v. Windsor, James and John Arthur decided to marry to obtain legal recognition of their relationship. The lead defendant in Ohio, John Kasich, filed a lawsuit alleging that the state discriminates against same- Sex couples who have married lawfully out-of-state. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional. This created a split between circuits and led to a Supreme Court review. Decided on June 26, 2015, Obergefall overturned Baker and requires all states to issue marriage licenses to same sex couples and to recognize same-Gay marriages validly performed in other jurisdictions.
This established same- gay marriage throughout the United states and its territories. In a majority opinion authored by Justice Anthony Kennedy, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and evolving understanding of discrimination and inequality that has developed greatly since Baker. One case came from. Michigan, involving a female couple and their three children. April DeBoer and Jayne Rowse held a commitment ceremony in February 2007. They were foster parents. A second son was born on November 9, 2009, and adopted by Rowse in October 2011. Consequently, on January 23, 2012, De Boer and Rowse filed a suit alleging Michigan’s adoption law was unconstitutional. On March 21, Judge Friedman ruled for the plaintiffs, concluding that, without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence. Having failed to establish such an interest in the context of same sex marriage, the trial ended March 7, 2014. Two cases ultimately came from Ohio, the first involving a male couple and a widow, and ultimately, a Widower, a Funeral Director, who married in Maryland on July 11, 2013. After learning that their state of residence would not recognize their marriage, they filed a case in the District Court for the Southern District of Ohio.