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Obergefell v. Hodges

Supreme Court of the United States · 2015 · Constitutional Law

Constitutional Lawsubstantive due processequal protectionsame-sex marriagefundamental rightsDue Process ClauseEqual Protection Clausefundamental right to marry

Facts

The respondent States defined marriage as a union between one man and one woman and refused either to license marriages between same-sex couples or, in some instances, to recognize same-sex marriages lawfully performed elsewhere. The petitioners were 14 same-sex couples and two men whose same-sex partners were deceased, and they sought the same legal status and recognition afforded opposite-sex couples. Their claims included the inability to be recognized as a surviving spouse on a death certificate, uncertainty affecting parental and family legal status, and the loss of marital recognition when moving across state lines. They argued that these state laws denied them the liberty and equality guaranteed by the Fourteenth Amendment.

Issue

Does the Fourteenth Amendment require a State to license a marriage between two people of the same sex? Does the Fourteenth Amendment also require a State to recognize a same-sex marriage lawfully licensed and performed in another State?

Rule

The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, same-sex couples may not be deprived of that right. State laws are invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples, and States must also recognize same-sex marriages lawfully performed out of state.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Ohio, Noah Mercer and Luis Ortega apply for a civil marriage license at the county clerk's office. State law provides that only marriages between one man and one woman may be licensed, and the clerk denies their application solely for that reason.

If Noah and Luis sue under the Fourteenth Amendment, what is the strongest constitutional analysis?

Explanation. The majority held that the right to marry is a fundamental right inherent in liberty, and that same-sex couples may not be deprived of that right. It also explained that due process and equal protection converge here: excluding same-sex couples from civil marriage both burdens liberty and abridges equality. A State law is invalid to the extent it excludes same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.