Obergefell v. Hodges | |
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Argued April 28, 2015 Decided June 26, 2015 |
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Full case name | James Obergefell, et al., Petitioners v. Richard Hodges, Director, Ohio Department of Health, et al. |
Docket nos. | 14-556 |
Citations | 576 U.S. ___ (more)
135 S. Ct. 2584; 192 L. Ed. 2d 609; 83 U.S.L.W. 4592; 25 Fla. L. Weekly Fed. S 472; 2015 WL 2473451; 2015 U.S. LEXIS 4250; 2015 BL 204553
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Related cases | Bourke v. Beshear, DeBoer v. Snyder, Tanco v. Haslam, Love v. Beshear. |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Holding | |
The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. United States Court of Appeals for the Sixth Circuit reversed. Baker v. Nelson overturned. | |
Court membership | |
Case opinions | |
Majority | Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan |
Dissent | Roberts, joined by Scalia, Thomas |
Dissent | Scalia, joined by Thomas |
Dissent | Thomas, joined by Scalia |
Dissent | Alito, joined by Scalia, Thomas |
Laws applied | |
U.S. Const. amend. XIV | |
This case overturned a previous ruling or rulings
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Baker v. Nelson (1972) |
Obergefell v. Hodges, 576 U.S. ___ (2015), is a landmark United States Supreme Court case in which the Court held in a 5–4 decision 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.
In November 2014, following a lengthy series of appeals court rulings 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. This created a split between circuits and led to an almost inevitable Supreme Court review.
Decided on June 26, 2015, Obergefell overturned Baker and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. This legalized same-sex marriage throughout the United States, and its possessions and territories. 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 the evolving understanding of discrimination and inequality that has developed greatly since Baker.