Premium Essay

Obgerfell vs Hodges

In: Business and Management

Submitted By dbradford
Words 1581
Pages 7
The plaintiffs in this case were fourteen same-sex couples, and two men whose same-sex partners were deceased at the time of this ruling. James Obergefell was one of these plaintiffs. The named defendant, Richard Hodges, is the Director of the Ohio Department of Health. Ohio, Michigan, Kentucky, and Tennessee defined marriage as a union between one man and one woman and did not recognize same-sex marriages. The plaintiffs challenged these laws under the Fourteenth Amendment to the United States Constitution by filing lawsuits in federal district court in their home states. The plaintiffs argued that the Fourteenth Amendment required the States to allow same-sex marriage and to recognize the validity of such marriages performed in other jurisdictions. In each case, the federal district courts ruled in favor of the plaintiffs. On appeal, the Court of Appeals for the Sixth Circuit consolidated the cases and reversed the rulings. The plaintiffs appealed to the Supreme Court of the United States. The question and answers under the holding and Kennedy rule of law said:

“Do same-sex couples have the right to marry in every State?
Yes. The Fourteenth Amendment requires that same-sex couples have the right to marry in every State.
Must the States grant marriage licenses to same-sex couples?
Yes. The Fourteenth Amendment requires that the States must license marriages to same-sex couples.
Must the States recognize same-sex marriages that have been licensed and performed lawfully out-of-State?”
Yes. The Fourteenth Amendment requires that the States must recognize same-sex marriages that have been licensed and performed lawfully out-of-State.

The Supreme Court reasoned that the history of marriage is marked by both continuity and change. Changes like the abandonment of the law of coverture and the decline of arranged marriage have affected aspects of marriage that

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