Obergefell v.

Hodges- 2015
Presented by:
Macey Kremer
The Case
● Several groups of same-sex couples sued
the state agencies of Ohio, Michigan,
Kentucky, and Tennessee, challenging the
constitutionality of those states’ bans on
same sex marriage/refusal to recognize
legal same-sex marriages
● Plaintiffs argued that those states’ statutes
violated Equal Protection Clause and Due
Process Clause of Fourteenth Amendment
○ One group also brought claims
under Civil Rights Act
Questions at Hand
● Does the Fourteenth
Amendment require a state to
license a marriage between
two people of the same sex?
● Does the Fourteenth
Amendment require a state to
recognize a marriage between
two people of the same sex
that was legally licensed and
performed in another state?
Plaintiff v. Defendant
● Plaintiff: James Obergefell
○ Sued Ohio’s state government for refusing to recognize his Maryland marriage to John
Arthur
■ Arthur died 3 months into their marriage and the state did not allow Obergefell’s
name to appear as a surviving spouse on Arthur’s death certificate
● Defendant: Richard Hodges
Outcome- June 26, 2015
● 5-4 Decision for Obergefell
○ Majority opinion by Justice Anthony M. Kennedy
● Found that the Fourteenth Amendment requires both marriage licensing and
recognition for same-sex couples
○ Guarantees the right to marry as one of the fundamental liberties it
protects, for both same-sex and opposite -sex couples
● Requires all fifty states to perform and recognize same-sex marriages on
same terms as opposite-sex marriages, with all accompanying rights and
responsibilities
"Today is a momentous day in our history. It's a day when the
Supreme Court of the United States lived up to the words
inscribed above the front entrance of the courthouse: Equal
Justice Under Law." - James. Obergefell
Bibliography
● "Obergefell v. Hodges." Oyez, 29 Oct. 2018, www.oyez.org/cases/2014/14-556.
● LERNER, ADAM B., et al. “The Supreme Court's Most Memorable Quotes on Gay Marriage.” POLITICO, 26 June
2015, www.politico.com/story/2015/06/supreme-court-justices-opinions-memorable-quotes-gay-marriage-119477.