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What are the key differences between the Obergefell v.
Hodges Supreme Court rulings and how did Obergefell clarify the constitutional right to same-sex marriage in the US?
The Obergefell v.
Hodges case was not the first time the Supreme Court dealt with same-sex marriage; in 1971, the Court dismissed a same-sex marriage case from Minnesota, ruling that the issue was not "substantial" enough to warrant a hearing.
The 14th Amendment to the US Constitution, which ensured equal protection under the law, was ratified in 1868 and played a crucial role in the Obergefell v.
Hodges decision.
The majority opinion in Obergefell v.
Hodges was written by Justice Anthony Kennedy, who also wrote the majority opinions in two other landmark gay rights cases, Romer v.
Evans (1996) and Lawrence v.
Texas (2003).
The Supreme Court's decision in Obergefell v.
Hodges did not create a new right; instead, it recognized that the fundamental right to marry is inherent in the liberty of the person, as protected by the Due Process Clause of the 14th Amendment.
The Obergefell v.
Hodges decision affected not only the 13 states that still banned same-sex marriage but also the 34 states that had legalized it, as it ensured that all states would recognize same-sex marriages performed in other states.
The Supreme Court's decision in Obergefell v.
Hodges was announced on June 26, 2015, exactly 46 years after the Stonewall riots in New York City, which are often cited as the beginning of the modern LGBTQ+ rights movement.
The Obergefell v.
Hodges case was brought by a group of 14 same-sex couples who challenged the bans on same-sex marriage in four states: Ohio, Michigan, Kentucky, and Tennessee.
The 14th Amendment's Equal Protection Clause, which guarantees equal protection under the law, was also used to argue in favor of same-sex marriage in Obergefell v.
Hodges.
Justice Kennedy's majority opinion in Obergefell v.
Hodges referenced the 1967 Supreme Court case Loving v.
Virginia, which struck down bans on interracial marriage, to argue for the constitutionality of same-sex marriage.
The Obergefell v.
Hodges decision was a landmark victory for the LGBTQ+ community, but it was not universally celebrated; four Supreme Court justices (Roberts, Scalia, Thomas, and Alito) dissented from the majority opinion.
In the years leading up to Obergefell v.
Hodges, public opinion on same-sex marriage shifted dramatically, with a Gallup poll in 2015 finding that 60% of Americans supported same-sex marriage.
The Obergefell v.
Hodges decision did not end legal battles over same-sex marriage; subsequent cases, such as Pavan v.
Smith (2017), have continued to refine the rights of same-sex couples.
The Supreme Court's ruling in Obergefell v.
Hodges did not explicitly address the issue of religious exemptions for businesses or individuals who object to same-sex marriage, leaving this issue to be addressed by future courts.
The Obergefell v.
Hodges decision was praised by many world leaders, including Canadian Prime Minister Justin Trudeau, who celebrated the "historic step forward for equality and justice."
The Obergefell v.
Hodges decision has been cited by advocates for LGBTQ+ rights in other countries, including Ireland, where voters approved same-sex marriage in a 2015 referendum, and Taiwan, which legalized same-sex marriage in 2019.
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