Obergefell Vs. Hodges

In summary of these, the Obergefell V Hodges has received opposition as well as propositions at different degrees, but the majority of the debaters’ are the proposing side. The main idea here was to legalize the Same-sex marriage which had been prohibited in the previous court rulings (Siegel, 2015). The proposing team was emphasizing on the following factors; the right to personal choices as clarified in the human dignity, the right to intimate association, marriage as a foundation of the American social order and the ability to sustain and safeguard children and families (Siegel, 2015).

In Obergefell v. Hodges, the United States Supreme Court held that same sex couples can now exercise the fundamental right of marriage nationwide. Justice Kennedy reached this result by redefining what marriage is.

In the aftermath of the Supreme Court Case Obergefell v. Hodges (2015) which nationally legalized same sex marriage, the religious right has felt that protections on religious liberty in this country have gone under attack. As the LGBTQ+ movement gains more traction in mainstream media, local municipalities, and even state governments, many religiously conservative states legislatures have begun to fight back by passing laws that protect a person’s right to discriminate against the LGBTQ+ community because of religious objections. While a person’s right to abstain from participating in a business transaction concerning a same sex marriage has been widely debated (and continues to be widely debate) for some time now, the new anti-transgender

In Obergefell v. Hodges, the Supreme Court successfully adopts the 14th amendment and applies both the Due Process Clause and the Equal Protection Clause to establish banning of same-sex marriages unconstitutional.

In the case Obergefell v. Hodges, the sixth Circuit recognized that banning same-sex marriage did not violate the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. James Obergefell and John Arthur James, who were legally married in Maryland in 2013, filed a lawsuit to the United States District Court for the Southern District of Ohio for charging the state’s refusal to recognize same-sex marriages on death certificates on July 19, 2013, and the case was assigned to Judge Timothy S. Black. On July 22, 2013, Judge Black agreed a temporary restraining order that required the state to recognize the marriage of Mr. Obergefell and Mr. Arthur on Mr. Arthur’s death certificate. In addition, on September 26, 2013, the plaintiffs

The United States Constitution protects certain liberties in the Bill of Rights and rights deemed “fundamental” that are “traditionally protected by our society.” (Michael H. v. Gerald D.). The liberty at issue in this case is the right to marry, which has been deemed fundamental by this Court in Loving v. Virginia, where we stated that “[t]he freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.” (Loving v. Virginia). The petitioners in the case at bar seek that liberty by marrying someone of the same sex and having their marriages be equal to traditional, opposite-sex couples.

Hodges concluded that the right to marry is a fundamental right inherent in the liberty of a person protected by the Constitution. The Court has long afforded the right to marry constitutional protection. But the standard test for identifying a fundamental right under the Due Process Clause is that the right must be “deeply rooted in this Nation’s history and tradition (Washington Post)”. However, the majority opinion went further to find that “the liberties implied within the Fourteenth Amendment Due Process Clause have stretched to certain personal choices central to a person’s dignity and autonomy, including their intimate choices that define personal identity and beliefs (Washington Post)”. Using this idea, the majority opinion concluded that the liberty interest to marry extends to same-sex couples. The ruling has helped gay rights advocates fight more than a hundred and fifteen pieces of legislation that were introduced in state legislatures that were targeting gay people. The majority opinion agreed that the Constitution contemplates that democracy is the appropriate process for change. “In addition to clearing the way for same-sex marriage nationwide, Friday’s decision may help end discrimination against gays and lesbians in other matters, such as adoption and custody rights, legal experts say (LATimes)”. Gay couples can now have no problem matters when wanting to start a family because of the great decision made by the Supreme Court. Justice Kennedy’s majority opinion in the United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly twelve years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.“In all his decisions Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes (NYTimes)”. Kennedy makes a great point that the generations before wrote and ratified the Bill

The court had taken away the power that was rightfully the states and required them to legalize gay marriage. Many states did not follow this law. A lot of county clerks either quit or stated that they would not issue the gay-marriage licenses. Some county officers even stopped issuing marriage licenses all together. A couple of judges dropped their licenses, and a United States senator told people to ignore the law. Many did not believe that these five individuals had the right to pass this law, and they were

Multiple groups of same sex couples sued their state agencies in four different states Ohio, Tennessee, Michigan, and Kentucky to challenge the constitutionality of those four states ‘ban on same sex marriage. The plaintiffs of each case argued that the states’ statues violated the Equal Protection Clause and their Due Process Clause of the Fourteenth Amendment. One plaintiff group also brought up claims under the Civil Rights Act. The Trial court found in favor to all of the plaintiffs cases. The U.S. Court of Appeals reversed and held that the states’ ban on same sex marriage and refusal

Supporters of gay marriage in the United States were a minority group for quite some time. (Green, 2015) The topic of homosexuality and same sex marriage is one that probes the primary question of whether or not same sex marriages are ones fundamental right under both the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment. (Lempert, 2015) The case of Obergefell v. Hodges was a case that held that the Fourteenth Amendment requires all states to recognize and grant same sex marriage licenses to couples that have been granted that right in other jurisdictions. This case may be considered a significant decision of the United States

On June 4, 2008, the plaintiffs in this case include fifteen same-sex couples who wish to marry in California and support groups for lesbian, gay, bisexual and transgendered Californians. They were denied many times; however, now before the California Supreme Court, they argue that “California has long led the nation in recognizing that constitutional provisions guaranteeing equal protection, privacy, due process and freedom of association and expression require that lesbian and gay people, like all people, be treated fairly under the law.” Nonetheless these protections, California has denied same-sex couples the right to marry. That denial, they argue, violates the California Constitution.

The Supreme Court is the highest judicial court in a county or a state and it is the highest federal court in the United States today. Today I will be reviewing the case of Obergefell v. Hodges which was a Supreme Court case about same sex marriage. I will review the justice who wrote the opinion of the court and the justice who wrote the dissenting opinion for this case.

Out of five key Supreme Court rulings, Obergefell v. Hodges was selected to be evaluated in this piece. The ban on same sex marriage is the law being challenged in the case. According to the case study, “groups of same-sex couples sued their relevant state agencies in Ohio, Michigan, Kentucky, and Tennessee to challenge the constitutionality of those states' bans on same-sex marriage…” (Oyez, 2014).

In Obergefell v. Hodges, the plaintiffs, including fourteen same-sex couples, argued for their marriages performed legally in another state to be recognized in their state of residence. They were asking that the privileges and responsibilities of marriage be granted to them as they would to any opposite-sex couple. The plaintiffs gave examples of how unequal protection negatively affects them to convince the judges that they should have their marriage recognized. Obergefell was denied being included in his spouse’s death record. DeBoer was disallowed adoption with her spouse, which could cause issues should one of the children become sick or one of the parents die.

One of the biggest LGBTQ issues at stake right now is the legalization of marriage equality. Marriage inequality is an issue that effects the entire LGBTQ community because they are not given the constitutional rights due to their sexual preferences. The LGBTQ community is fighting for laws to fully legalize same sex marriage in the United States of America and fighting for the acceptance for their decisions. Today, although there have been a lot of progression in the state level, many same sex couples are not given the same rights as heterosexual couples. So far, there are 37 states that passed the legal gay marriage but there are also 13 states that banned same-sex marriage (Marriage Equality 2015). Alabama was the latest state to pass this marriage equality law very recently. Marriage equality issue has been a debate for a long time and the Supreme Court will finally make a federal law regarding this issue this summer within the federal level.