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Civil Rights And Civil Liberties: Obergefell V. Hodges

1075 Words5 Pages

Judi Herren
GOV-140 American Government and Politics
9/30/15
J. Christopher Woolard, Ph.D.
Civil Rights and Civil Liberties; Obergefell v. Hodges
“By a 5-4 majority, the Supreme Court determined that a state can’t prohibit same-sex marriages and must also recognize valid out-of-state same-sex marriages, as both are protected under the due process and equal protection clauses of the fourteenth amendment.” (Karibjanian, 2015, p 34) In this landmark Supreme Court case, Obergefell v. Hodges, granted same sex couples the fundamental right to marry in any state and all other states now have to recognize that as a legal marriage. As a result of this Supreme Court ruling it has raised many questions pertaining to the violation of civil liberties. …show more content…

The justice system does work, and in the case of Obergefell v. Hodges there were civil liberties being violated when addressing same-sex marriage. With the different branches of the court system, it created a ripple effect which lead this case to the Supreme Court; starting with favorable rulings from the Federal District courts, which lead to reversals and bans from the Sixth Circuit courts, and finally a ruling in favor of same-sex couples from the Supreme …show more content…

The petitioners in the Obergefell v. Hodges case took a stand against what they believed was discriminatory against them, and although it took a great amount of time, money, and patience, they ultimately won the victory. Of course there are those that would disagree, Rowan County Clerk as an example. Although the rights and liberties of same-sex couples has been justified, her morals and values are now being objected to. It brings to light the question, if the civil liberties for same-sex couples is justified, are those who oppose it now suffering a violation of their civil liberties under the first Amendment; “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Everyone has the right to practice, or not practice, the religion of their choice, but conversely, no one has the right to violate another’s civil liberties or rights in service of their choice of

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Obergefell v. Hodges is most popularly referred to as the Supreme Court case for same-sex marriage. It is one of the many cases related to the topic of same-sex marriage being a constitutional right. In this specific case James Obergefell and John Arthur filed a lawsuit against the state of Ohio to allow the state to recognize their marriage on death certificates. Obergefell and Arthur were married on the tarmac of the Baltimore-Washington International Airport in Maryland by Arthur’s aunt, Paulette Roberts, on July 11, 2013. Sadly, Arthur died from amyotrophic lateral sclerosis (ALS) just months into their marriage on October 22, 2013.

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Grace Nelson PSC 2302- Case Analysis Project The case that I studied is Obergefell v. Hodges, which took place earlier this year (2015). This case, and the other ones surrounding it, asked whether the Constitution requires states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other states. In this particular case, James Obergefell was the plaintiff, suing against the state of Ohio. Obergefell met his partner, John Arthur two decades ago. After Arthur was diagnosed with amyotrophic lateral sclerosis (ALS) in 2011, the men decided to marry and fully commit to each other before Arthur’s death from the fatal disease.

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This situation was some time in coming, as events in recent years amplified the role of the federal government in the matter. Perhaps the most striking example of how that role has been carried out is the Defense of Marriage Act (DOMA) legislation of 1996. In 1993 the Hawaii Supreme Court ruled that it saw no constitutional basis for denying same-sex marriage; this created huge shock waves both in Hawaii and through the United States and the federal response was the creation of DOMA. The Constitution’s Full Faith and Credit Clause affirms that states are obligated to honor one another’s marriage licenses, as when age differences exist in different states. DOMA, very much a Republican administration reaction, reversed this and no state was

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Hodges (2015): In Obergefell v. Hodges, the Supreme Court was asked to rule on whether the Fourteenth Amendment requires states and their departments to recognize Same-Sex marriage. In a 5-4 ruling, the court found that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry since it is one of the protected fundamental liberties. Additionally, the Equal Protection Clause of the Fourteenth Amendment guarantees the right of same-sex couples to marry. The Court also held that the First Amendment protects the rights of religious organizations to adhere to their principles, but it does not allow states to deny same-sex couples the right to

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