Obergefell v. Hodges

Definition

Obergefell v. Hodges is a landmark 2015 Supreme Court case that legalized same-sex marriage across the United States, declaring that state bans on same-sex marriage and on recognizing same-sex marriages performed in other jurisdictions violate the Fourteenth Amendment's Equal Protection and Due Process Clauses. This decision marked a significant victory for LGBTQ+ rights and reinforced the principle of non-discrimination in marriage laws.

5 Must Know Facts For Your Next Test

1. The case was brought forth by James Obergefell and several other same-sex couples who challenged the constitutionality of state bans on same-sex marriage.
2. The Supreme Court ruled in a 5-4 decision that the right to marry is a fundamental right inherent to the liberty of the person, which extends to same-sex couples.
3. This ruling required all states to issue marriage licenses to same-sex couples and to recognize marriages performed in other jurisdictions.
4. Obergefell v. Hodges effectively overturned previous decisions that allowed states to discriminate against same-sex couples regarding marriage.
5. The decision was a key milestone in the ongoing struggle for LGBTQ+ equality, reflecting broader changes in societal attitudes toward same-sex relationships.

Review Questions

• How did Obergefell v. Hodges influence the interpretation of the Equal Protection and Due Process Clauses of the Fourteenth Amendment?
  • Obergefell v. Hodges significantly shaped the interpretation of both the Equal Protection and Due Process Clauses by affirming that same-sex couples are entitled to the same legal recognition and protection under the law as opposite-sex couples. The ruling emphasized that denying same-sex couples the right to marry constitutes discrimination based on sexual orientation, which violates their right to equal protection. Additionally, it underscored that marriage is a fundamental right that must be granted without arbitrary restrictions.
• Discuss the implications of Obergefell v. Hodges for state laws regarding marriage and discrimination.
  • The implications of Obergefell v. Hodges for state laws were profound, as it rendered state bans on same-sex marriage unconstitutional and required all states to recognize same-sex marriages performed elsewhere. This decision not only enforced marriage equality but also set a precedent for addressing other forms of discrimination based on sexual orientation. States could no longer uphold discriminatory practices against LGBTQ+ individuals in marriage or related matters, pushing for more comprehensive anti-discrimination measures.
• Evaluate the impact of Obergefell v. Hodges on the global landscape of LGBTQ+ rights and non-discrimination policies.
  • The impact of Obergefell v. Hodges extended beyond U.S. borders, influencing LGBTQ+ rights movements worldwide by providing a powerful example of legal progress in achieving marriage equality. This landmark case served as a catalyst for activists and policymakers in various countries advocating for non-discrimination policies and legal recognition of same-sex relationships. As nations grapple with their own approaches to LGBTQ+ rights, Obergefell v. Hodges has become a symbol of hope and change, encouraging efforts toward equality in diverse cultural contexts.

Related terms

Equal Protection Clause: A provision in the Fourteenth Amendment to the U.S. Constitution that requires states to provide equal protection under the law to all persons within their jurisdiction.

Due Process Clause: Another provision of the Fourteenth Amendment that guarantees individuals cannot be deprived of life, liberty, or property without due process of law.

LGBTQ+ Rights: The rights and advocacy efforts aimed at achieving equality and protection for individuals who identify as lesbian, gay, bisexual, transgender, queer, or others who fall outside traditional gender and sexuality norms.