Obergefell v. Hodges

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2015 U.S. Supreme Court case on same-sex marriage

"Obergefell" redirects here. For the case's plaintiff, see Jim Obergefell .

2015 United States Supreme Court case

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**Obergefell v. Hodges **

Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel ), is a landmark decision of the United States Supreme Court which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution . The 5–4 ruling requires all 50 states , the District of Columbia , and the Insular Areas under U.S. sovereignty to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities.[2] [3] Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia , and Guam .[3]

Between January 2012 and February 2014, plaintiffs in Michigan , Ohio , Kentucky , and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges. After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit . In November 2014, following a series of appeals court rulings that year from the Fourth , Seventh , Ninth , and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by _Baker v. Nelson _ and found such bans to be constitutional.[4] This created a split between circuits and led to a Supreme Court review. Decided on June 26, 2015, Obergefell overturned Baker and requires states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.[5] This established same-sex 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,[6] and the evolving understanding of discrimination and inequality that has developed greatly since Baker.[7]

Lawsuits in the district courts

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The U.S. Supreme Court case of Obergefell v. Hodges is not the culmination of one lawsuit.[8] Ultimately, 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. Those cases came from Michigan, Ohio, Kentucky, and Tennessee.[8] All six federal district court rulings found for the same-sex couples and other claimants .

Michigan case: DeBoer v. Snyder

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Main article: DeBoer v. Snyder

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 son was born on January 25, 2009, and adopted by Rowse in November. A daughter was born on February 1, 2010, and adopted by DeBoer in April 2011. A second son was born on November 9, 2009, and adopted by Rowse in October 2011. Michigan law allowed adoption only by single people or married couples. Consequently, on January 23, 2012, DeBoer and Rowse filed a lawsuit in the United States District Court for the Eastern District of Michigan (Southern Division, Detroit), _DeBoer v. Snyder _, alleging Michigan's adoption law was unconstitutional. Richard Snyder , the lead defendant, was then governor of Michigan.[9]

During a hearing on August 29, 2012, Judge Bernard A. Friedman expressed reservations regarding plaintiffs' cause of action , suggesting they amend their complaint to challenge the state's ban on same-sex marriage.[10] The plaintiffs amended their complaint accordingly on September 7.[11] During a hearing on March 7, 2013, Friedman decided to delay the case until the U.S. Supreme Court ruled in _United States v. Windsor _ and _Hollingsworth v. Perry _, hoping for guidance.[12] [13] On October 16, Friedman set trial for February 25, 2014.[14] [15] The trial ended March 7.[16] On March 21, 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 [state marriage ban] cannot stand."[17]

Ohio cases

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Obergefell v. Kasich

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Outside the Supreme Court on the morning of June 26, 2015, James Obergefell (foreground, center) and attorney Al Gerhardstein (foreground, left)[18] [19] react to its historic decision.

Two cases came from Ohio , the first ultimately involving a male couple, a widower, and a funeral director. In June 2013, following the U.S. Supreme Court's decision in _United States v. Windsor _, James "Jim" Obergefell and John Arthur decided to marry to obtain legal recognition of their relationship. They married in [Maryland](ht

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