Back قضية أوبرجيفيل ضد هودجز Arabic Oberqefell Hocesə qarşı Azerbaijani Cas Obergefell contra Hodges Catalan Obergefell v. Hodges German Caso Obergefell contra Hodges Spanish ابرگفل در برابر هاجز Persian Obergefell vastaan Hodges Finnish Obergefell v. Hodges French פסק דין אוברגפל נגד הודג'ס HE Obergefell v. Hodges ID
| Obergefell v. Hodges | |
|---|---|
 | |
| Argued April 28, 2015 Decided June 26, 2015 | |
| Full case name | James Obergefell, et al., Petitioners v. Richard Hodges, Director, Ohio Department of Health, et al. |
| Docket no. | 14-556 |
| Citations | 576 U.S. 644 (more) 135 S. Ct. 2584; 192 L. Ed. 2d 609; 83 U.S.L.W. 4592; 2015 WL 2473451; 2015 U.S. LEXIS 4250; 2015 BL 204553 |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Decision | Opinion |
| Case history | |
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| Questions presented | |
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| Holding | |
| The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. The judgment of the Court of Appeals for the Sixth Circuit is reversed. Baker v. Nelson overruled. | |
| Court membership | |
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| Case opinions | |
| Majority | Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan |
| Dissent | Roberts, joined by Scalia, Thomas |
| Dissent | Scalia, joined by Thomas |
| Dissent | Thomas, joined by Scalia |
| Dissent | Alito, joined by Scalia, Thomas |
| Laws applied | |
| U.S. Const. amend. XIV | |
This case overturned a previous ruling or rulings | |
| Baker v. Nelson (1971)[a] | |
Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), was a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities.[2][3] Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.[3]
Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in Obergefell v. Hodges. After all district courts ruled for the plaintiffs, the rulings were appealed to the Sixth Circuit. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. Nelson and found such bans to be constitutional.[4] This created a split between circuits and led to a Supreme Court review. Decided on June 26, 2015, Obergefell overturned Baker and requires states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.[5] This established same-sex marriage throughout the United States and its territories. In a majority opinion authored by Justice Anthony Kennedy, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out,[6] and the evolving understanding of discrimination and inequality that has developed greatly since Baker.[7]
- ^ DeBoer v. Snyder, 772 F.3d 388, 400 (6th Cir. 2014).
- ^ Obergefell v. Hodges, 576 U.S. 644, 675–76 (2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry. ... [T]he State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.").
- ^ a b Denniston, Lyle (June 26, 2015). "Opinion Analysis: Marriage Now Open to Same-Sex Couples". SCOTUSblog. Retrieved July 2, 2015.
- ^ Wolf, Richard (June 24, 2015). "Timeline: Same-Sex Marriage through the Years". USA Today. Retrieved May 29, 2018.
- ^ Obergefell, 576 U.S. at 680–81.
- ^ Obergefell, 576 U.S. at 676–78, 680.
- ^ Obergefell, 576 U.S. at 660–65, 673–76.
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