Obergefell v. Hodges

Definition

Obergefell v. Hodges was a landmark 2015 Supreme Court case that legalized same-sex marriage nationwide. The decision held that the Fourteenth Amendment requires all states to license and recognize same-sex marriages, overturning previous state-level bans and establishing marriage equality as a fundamental right.

5 Must Know Facts For Your Next Test

1. The Obergefell v. Hodges decision overturned the 1972 Supreme Court case Baker v. Nelson, which had previously upheld state-level bans on same-sex marriage.
2. The 5-4 ruling in Obergefell v. Hodges was written by Justice Anthony Kennedy, who cited the Fourteenth Amendment's guarantees of due process and equal protection.
3. The case consolidated challenges to same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee, with the plaintiffs arguing that the Fourteenth Amendment required states to license and recognize their marriages.
4. Obergefell v. Hodges built upon the Court's previous rulings in Lawrence v. Texas (2003), which struck down sodomy laws, and United States v. Windsor (2013), which struck down the Defense of Marriage Act.
5. The decision in Obergefell v. Hodges was a landmark civil rights victory, paving the way for greater legal protections and societal acceptance of LGBTQ+ individuals and couples.

Review Questions

• Explain how the Obergefell v. Hodges decision relates to the government's role in bringing about civil rights change.
  • The Obergefell v. Hodges decision was a landmark civil rights victory that demonstrated the judiciary's ability to bring about significant social change. By ruling that the Fourteenth Amendment requires states to license and recognize same-sex marriages, the Supreme Court overturned state-level bans and established marriage equality as a fundamental right. This decision was a major step forward in the long struggle for LGBTQ+ civil rights, showcasing how the judicial branch can use its power to protect the rights of marginalized groups and advance the cause of civil rights when other branches of government may be reluctant to do so.
• Analyze how the Obergefell v. Hodges case illustrates the judiciary's capacity to take action on civil rights issues.
  • The Obergefell v. Hodges case demonstrates the judiciary's ability to take decisive action on civil rights issues. By ruling that the Fourteenth Amendment's guarantees of due process and equal protection require states to license and recognize same-sex marriages, the Supreme Court used its power of judicial review to strike down state-level bans and establish a new constitutional right. This case highlights how the courts can serve as a check on the other branches of government and play a crucial role in advancing civil rights when the legislative or executive branches are unwilling or unable to do so. The Obergefell v. Hodges decision was a landmark victory for the LGBTQ+ community and a testament to the judiciary's capacity to bring about meaningful change in the realm of civil rights.
• Evaluate the long-term impact of the Obergefell v. Hodges decision on the advancement of civil rights and the role of the judiciary in that process.
  • The Obergefell v. Hodges decision has had a profound and lasting impact on the advancement of civil rights in the United States. By establishing marriage equality as a fundamental right protected by the Fourteenth Amendment, the Supreme Court's ruling not only legalized same-sex marriage nationwide but also affirmed the LGBTQ+ community's right to equal protection and due process under the law. This decision built upon previous landmark civil rights rulings and demonstrated the judiciary's willingness to take bold action to protect the rights of marginalized groups, even when other branches of government may be reluctant to do so. The long-term significance of Obergefell v. Hodges lies in its potential to inspire and embolden future civil rights movements, as it showcases the power of the courts to effect transformative change and serve as a critical check on the other branches of government. As such, this case highlights the vital role the judiciary can play in the ongoing struggle for civil rights in America.

Related terms

Fourteenth Amendment: The Fourteenth Amendment to the U.S. Constitution guarantees equal protection under the law and has been used to extend civil rights and liberties to marginalized groups.

Fundamental Rights:

Fundamental rights are inalienable rights deemed so crucial that they are protected from government interference, such as the right to marry.

Marriage Equality: Marriage equality refers to the legal recognition of same-sex marriage, ensuring equal rights and benefits for all couples regardless of sexual orientation.