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Obergefell V. Hodges: A Case Study

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In 2015, the United States Supreme Court worked on Obergefell v. Hodges, a case regarding the legality of same sex marriage. Over 9 million people in the united states identify and associate themselves with the LGBTQ+ community. These members and others in the past have fought for their constitutional rights since before the 1950’s. The legalization of same-sex marriage under the United States Constitution is beneficial to the nation, as it has positively influenced members of the LGBTQ+ community and their families, the nation’s economy, and it’s reputation.
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Obergefell v. Hodges is one of the most important Supreme Court rulings to date. This case, by a 5-4 decision, legalized same-sex marriage and established that the 14th amendment, by both the Due Process Clause and Equal Protections Clause, guarantees this right. The Supreme Court for a long time exercised judicial modesty in terms of cases involving same sex marriage by allowing the decisions to be made by the states. However, with some states recognizing same-sex marriages and others not, things began to get complicated when couples would move to other states and not get the same benefits as married couples and other similar situations that caused issues. However, when the Supreme Court took this case and ruled that same-sex marriage was legal in all 50 states, it was a prime example of the court using judicial activism.

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This paper focuses on the Supreme Court case Obergefell v. Hodges (2015). This paper will give an overview of the case, the major arguments made by the plaitiffs and the defendents, as well as how the case has affected other rulings. This case has answered many legal questions and will shape any future cases that deal with gay marriage, possibly even equal rights. Deatiled CH: James Obergefell and John Arthur was a same-sex couple and was married on July 11, 2013 on a medical transport plan on the tarmac at the airport in Baltimore, Maryland due to Arthur being unable to move (3,2) .

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In the majority opinion written on the Obergefell et al. v. Hodges Supreme Court case on June 26, 2015, the court decided that states were required to issue marriage licenses to same-sex couples as well as recognize such licenses from other states on the basis of the Fourteenth Amendment. This decision held wide ramifications for policy implementation throughout the nation, especially in those states that had not already legalized same-sex marriage. This unilateral action by the federal government created a complicated responsibility for state and local governments to integrate the broad new legal proceedings effectively. The problems that arise in the local governments following such federal decisions challenge the nation’s federalist system,

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In my brief I will explore the effect of the Loving V. Virginia (1967) on the case of Obergefell V. Hodges (2015) and how it led to legalization of same sex marriage. I will prove that the 9th amendment which addresses the right to marriage did not specify that marriage should be between a man and a woman. I will also prove that the precedents set by prior cases reflected on the decision of the supreme justice. I will first explain the prior cases and discuss their rulings and reflect on the reason judges chose this. I will then discuss the Obergefell v. Hodges case and its similarity to prior cases .

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When the public decides to choose a side the court generally tends to side the public opinion more than strictly paying heed to the Constitution. An instance of when this happened was when Gay Marriage Rights were established on April 28, 2015. Many organizations were founded to help raise awareness and gain gay marriage rights. Even today there are many organizations that exist for LGBTQ. One such organization that is well known amongst the youth today is the Gay-Straight Alliance.

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Hodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial

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Obergefell v. Hodges was a landmark Supreme Court case that took place in 2015. This case legalized same sex marriage across the United States. It is a significant moment for the LGBTQIA+ rights as well as equality movement. The case has challenged state bans on same-sex marriage, where they have argued that they violated the Fourteenth Amendment which grants citizenship and equal civil and legal rights. Before the case took place “over 70% of states and the District of Columbia already recognized same-sex marriage, and only 13 states had bans” (HUSL Library: A Brief History of Civil Rights in the United States: Obergefell V. Hodges).

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The Equality Texas Foundation is an organization which strongly supports marriage equality for lesbian, gay, bisexual, and transgender Texans. Concerning legislation, the foundation aggressively advocates for the elimination of discrimination based on sexual orientation and gender identity and expression. Equality Texas argues that, “The state’s unconstitutional ban on marriage between same-gender-loving adults places an unfair—and unequal—burden on their freedoms and their families. But the struggle is about more than marriage equality.” (Equality Texas 1)

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Many things have changed during these modern times, as of June 26, 2015, gay marriage is legal throughout the United States, which is a large step for this community. But, there are still many states that do not have any laws protecting LGBTQ+ people. Such as Michigan ; according to The Rolling Stone, “The Guardian's 2012 survey showed that Michigan has almost no protections for LGBT people at any level, putting it on par with Mississippi. Whereas fellow Midwestern states Ohio and Kentucky at least allow LGBT people limited adoption rights, Michigan law even goes so far as to ban surrogacy.”

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In 2015, the Obergefell v. Hodges case ended the “state bans on same-sex marriage”, therefore legalizing same-sex marriage (Important Supreme Court Cases). Now, “same-sex couples can now receive the benefits...of marriage that were largely exclusive to heterosexual couples” (Koch). The ruling has led to the modern fight for gay civil rights. Exposure to the LGBTQ+ community, the southern “Bathroom Bills”, and other fights for transgender rights, and the press for more LGBTQ+ representation in the media has erupted from this case. Both rulings had very big impacts on their respective communities.

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Andrew Sullivan, former editor of the New Republic Magazine, argues the point of legalizing same-sex marriage in his article “For Gay Marriage.” Sullivan defines his definition of what marriage is clarifying that marriage is ultimately is a “bond between two people” (Sullivan 30.) While both authors address same-sex marriage, Sullivan focuses more on why same-sex marriage should be legalized, however, Bennett seems more concerned with the negative impact on society same-sex marriage would have.

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