Obergefell v. Hodges

Background

Fourteen same-sex couples and two men whose same-sex partners had died sued state officials in Michigan, Kentucky, Ohio, and Tennessee after those States defined marriage as only between a man and a woman. District Courts ruled for the couples, but the Sixth Circuit reversed. The Supreme Court took the cases limited to two questions: whether States must license same-sex marriages and whether they must recognize same-sex marriages from other States. The opinion recounts personal stories, including Obergefell, DeBoer and Rowse, and DeKoe and Kostura.

Reasoning

The Court asked whether the Fourteenth Amendment protects the right to marry for same-sex couples. It concluded that the right to marry is fundamental under both the Due Process and Equal Protection Clauses. The opinion considered history and tradition but said they do not settle the issue. Using principles about personal autonomy, the special two-person union of marriage, children and family stability, and marriage’s role in society, the Court held that excluding same-sex couples unconstitutionally burdens their liberty and equality and overruled Baker v. Nelson.

Real world impact

As a result, States must license marriages for same-sex couples and must recognize lawful same-sex marriages from other States. Married same-sex couples gain access to the material and symbolic benefits tied to marriage under state and federal law. The majority noted First Amendment protections for religious organizations, but the opinion and dissents signal future disputes about how religious liberty and other laws will interact with this ruling.

Dissents or concurrances

Chief Justice Roberts (joined by three Justices) and other dissenters argued the Court overstepped, saying the issue belongs to voters and legislatures and warning of consequences for religious liberty and democratic decisionmaking.