Obergefell v. Hodges

Definition

Obergefell v. Hodges was a landmark 2015 Supreme Court case that legalized same-sex marriage nationwide, establishing it as a fundamental right protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The ruling overturned state-level bans on same-sex marriage, making it legal in all 50 states.

5 Must Know Facts For Your Next Test

1. Obergefell v. Hodges was a consolidation of six separate cases brought by same-sex couples seeking the right to marry in their respective states.
2. The 5-4 ruling in Obergefell v. Hodges overturned the Court's previous decision in Baker v. Nelson, which had upheld state-level bans on same-sex marriage.
3. The majority opinion, written by Justice Anthony Kennedy, held 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.
4. The Obergefell decision was a significant victory for the LGBTQ+ rights movement, ending a long legal battle for marriage equality nationwide.
5. The ruling in Obergefell v. Hodges has had far-reaching implications for other LGBTQ+ rights and protections, as well as the interpretation of the Fourteenth Amendment.

Review Questions

• Explain how the Obergefell v. Hodges decision relates to the concept of competitive federalism.
  • The Obergefell v. Hodges decision addressed the tension between state and federal authority over the issue of same-sex marriage. Prior to the ruling, states had the power to define marriage laws within their borders, leading to a patchwork of laws across the country. The Supreme Court's decision to legalize same-sex marriage nationwide overrode this state-level control, shifting the balance of power towards the federal government and establishing marriage equality as a fundamental right. This decision demonstrates how the Supreme Court can intervene in areas of state-level policy to ensure individual rights are protected, even when there is disagreement among the states.
• Analyze how the Obergefell v. Hodges ruling relates to the interpretation of the Bill of Rights and the protection of individual rights.
  • The Obergefell v. Hodges decision relied on the Court's interpretation of the Fourteenth Amendment's Due Process and Equal Protection Clauses to establish the right to same-sex marriage as a fundamental right. This expanded the Court's previous interpretations of the Bill of Rights, particularly the right to privacy and equal protection, to include protections for LGBTQ+ individuals. The ruling demonstrated the Supreme Court's role as the ultimate arbiter of constitutional rights, using its power of judicial review to safeguard individual liberties even when they are not explicitly enumerated in the Bill of Rights. This case highlights how the Court's evolving interpretation of the Constitution can adapt to changing societal norms and protect the rights of minority groups.
• Evaluate the long-term impact of the Obergefell v. Hodges decision on the Supreme Court's role as a guardian of the Constitution and individual rights.
  • The Obergefell v. Hodges decision solidified the Supreme Court's position as a key guardian of individual rights and liberties protected by the Constitution. By ruling that same-sex marriage is a fundamental right, the Court demonstrated its willingness to interpret the Constitution broadly to ensure the equal treatment of all citizens, even when there is significant political and social opposition. This decision, along with other landmark civil rights rulings, has cemented the Court's role as a check on the power of the legislative and executive branches, ensuring that the government cannot infringe on the fundamental rights of individuals. The long-term impact of Obergefell v. Hodges is that it has strengthened the Supreme Court's authority to protect vulnerable groups and uphold the principles of the Constitution, even in the face of changing societal attitudes and political pressures.

Related terms

Fourteenth Amendment:

The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, granted citizenship and equal civil and legal rights to African Americans and prohibited states from denying any person life, liberty, or property without due process of law.

Due Process Clause:

The constitutional provision that prohibits the government from depriving individuals of life, liberty, or property without a fair legal process.

Equal Protection Clause:

The constitutional provision that requires states to provide equal protection under the law and prohibits discrimination.