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Obergefell v. Hodges

United States Supreme Court
576 U.S. 644 (2015)

Written by Eric Cervone, LLM

Facts

When some states legalized same-sex marriage, others enacted laws defining marriage as between one man and one woman. Long-term partners John Arthur and James Obergefell (plaintiff) decided to marry when Arthur became terminally ill. They wed in Maryland, where same-sex marriage was legal. After Arthur died, the couple’s home state of Ohio refused to list Obergefell as Arthur’s surviving spouse on the death certificate. Obergefell, another man whose partner was deceased, and 14 same-sex couples (plaintiffs) separately sued state officials (defendants) responsible for enforcing state marriage laws defining marriage as between a man and a woman. They argued that the officials violated their Fourteenth Amendment rights by denying them the right to marry or failing to recognize their lawfully performed out-of-state marriages. District courts in Michigan, Ohio, Kentucky, and Tennessee ruled against the officials. The officials appealed to the Sixth Circuit, which consolidated the cases and reversed, holding that states had no constitutional duty to license or recognize same-sex marriages. The United States Supreme Court granted certiorari.

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Holding and Reasoning (Kennedy, J.)

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Dissent (Roberts, C.J.)

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Dissent (Thomas, J.)

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Dissent (Alito, J.)

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