Obergefell v. Hodges

Definition

Obergefell v. Hodges was a landmark 2015 Supreme Court case that legalized same-sex marriage nationwide in the United States. The decision established that the fundamental right to marry is guaranteed to same-sex couples under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment.

5 Must Know Facts For Your Next Test

1. The Obergefell v. Hodges case consolidated several lawsuits filed by same-sex couples challenging state bans on same-sex marriage.
2. The 5-4 Supreme Court 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, stated that the right to marry is a fundamental liberty under the Due Process Clause and the Equal Protection Clause.
4. The decision legalized same-sex marriage in all 50 U.S. states, requiring states to recognize the marriages of same-sex couples.
5. Obergefell v. Hodges was a landmark civil rights victory that extended the fundamental right to marry to LGBTQ+ individuals and couples.

Review Questions

• Explain how the Obergefell v. Hodges decision relates to the concept of due process and equal protection under the law.
  • The Obergefell v. Hodges decision established that the fundamental right to marry is guaranteed to same-sex couples under the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The Court ruled that denying same-sex couples the right to marry violated their due process rights by depriving them of a fundamental liberty, and violated the Equal Protection Clause by discriminating against them based on their sexual orientation. This landmark civil rights decision ensured that LGBTQ+ individuals and couples had the same legal protections and access to the institution of marriage as heterosexual couples.
• Describe the legal and social impact of the Obergefell v. Hodges decision in the context of the 'New Century, Old Disputes' topic.
  • The Obergefell v. Hodges decision represented a significant advancement in LGBTQ+ rights and the ongoing struggle for equality in the 'New Century, Old Disputes' era. By legalizing same-sex marriage nationwide, the Court's ruling dismantled longstanding state-level bans and outdated laws that had denied LGBTQ+ couples the same legal protections and societal recognition as heterosexual couples. This decision was a landmark victory in the civil rights movement, reflecting the evolving social attitudes and legal landscape surrounding LGBTQ+ issues in the 21st century. However, the ruling also highlighted the persistence of 'old disputes' and cultural divisions, as the decision was met with backlash from conservative and religious groups who continued to oppose same-sex marriage on moral and religious grounds.
• Analyze how the Obergefell v. Hodges decision shaped the ongoing debate over the balance between individual rights and state authority in the 'New Century, Old Disputes' context.
  • The Obergefell v. Hodges decision exemplified the tension between individual rights and state authority that characterized the 'New Century, Old Disputes' era. By ruling that the fundamental right to marry is guaranteed to same-sex couples under the Fourteenth Amendment, the Supreme Court asserted the primacy of federal constitutional protections over state-level laws and policies that had previously banned or failed to recognize same-sex marriage. This decision represented a significant expansion of individual rights and federal power at the expense of state sovereignty, as it required all states to legalize and recognize same-sex marriages. The ruling sparked intense debates over the appropriate balance between individual liberties and states' rights, with opponents arguing that the Court had overstepped its bounds and usurped the authority of state governments to define the institution of marriage. These tensions highlighted the enduring ideological divisions and 'old disputes' that continued to shape the legal and political landscape in the 'New Century.'

Related terms

Fourteenth Amendment:

The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, guarantees due process and equal protection under the law to all persons within the United States.

Due Process Clause: The due process clause prohibits the government from depriving individuals of their fundamental rights without a fair legal process.

Equal Protection Clause: The equal protection clause requires the government to treat all people equally under the law, regardless of their status or characteristics.