Simone Lawson
The topic of gay marriage has been a subject of legal debate for decades, with the first two decades of the 21st century seeing prominent figures in the civil rights movement voice their support for marriage equality. In 2015, the United States Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a fundamental right to marry, guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This decision established same-sex marriage across the United States and its territories, but it has also faced opposition and calls for its overturn.
| Characteristics | Values |
|---|---|
| Date of Decision | June 26, 2015 |
| Case Name | Obergefell v. Hodges |
| Supreme Court Ruling | Same-sex marriage is a fundamental right guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment |
| Supreme Court Decision | 5-4 in favor of same-sex marriage |
| States Impacted | All 50 states, the District of Columbia, and the Insular Areas |
| Previous Legal Status of Same-Sex Marriage | Recognized in 36 states, the District of Columbia, and Guam |
| Public Opinion | Support for same-sex marriage has grown over time, reaching 50% in 2011, 60% in 2015, and 70% in 2021 |
| Impact | Reduced rate of attempted suicide among teens, particularly those with a minority sexual orientation |
| Opposition | Religious groups, conservative political figures, and some state legislators |
| Related Cases | Lawrence v. Texas, United States v. Windsor, DeBoer v. Snyder, Tanco v. Haslam, Bourke v. Beshear |
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What You'll Learn
The Supreme Court's 5-4 Obergefell ruling
On June 26, 2015, the U.S. Supreme Court ruled in a 5–4 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. This landmark ruling, Obergefell v. Hodges, was decided on the same day as the twelfth anniversary of Lawrence v. Texas, which struck down sodomy laws in 13 states.
Obergefell v. Hodges overruled the Court's prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as a precedent. The ruling also came on the second anniversary of the United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional. This case denied federal recognition to same-sex marriages.
Obergefell v. Hodges was a consolidated case that included DeBoer v. Snyder, Obergefell v. Hodges, and Tanco v. Haslam. The Supreme Court granted certiorari in January 2015, limiting the case to the "marriage and recognition questions." Oral arguments were heard on April 28, 2015.
Writing for the majority, Justice Anthony Kennedy asserted that the right to marry is a fundamental right "inherent in the liberty of the person" and is therefore protected by the Due Process Clause. This clause prohibits states from depriving any person of "life, liberty, or property without due process of law." Justice Kennedy also argued that the marriage right is guaranteed by the Equal Protection Clause, which forbids states from "deny [ing] to any person...the equal protection of the laws." He concluded that "same-sex couples may exercise the fundamental right to marry."
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The Equal Protection Clause and the Due Process Clause
In the United States, the right to same-sex marriage has been a topic of legal debate since the 1970s. In 1972, the Supreme Court of the United States declined to become involved in the case of Baker v. Nelson, which dismissed a same-sex couple's marriage claim "for want of a substantial federal question".
In 2015, the Supreme Court ruled in the landmark civil rights case of Obergefell v. Hodges that the fundamental right of same-sex couples to marry is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The Due Process Clause of the Fourteenth Amendment protects fundamental rights, including the right to marry, by prohibiting states from depriving any person of "life, liberty or property without due process of law". The marriage right is also guaranteed by the Equal Protection Clause, which is closely connected to the liberty of the Due Process Clause.
The Court's decision in Obergefell v. Hodges established that the fundamental right to marry is inherent in the liberty of the person and applies to same-sex couples, who may now exercise this right in all fifty states on the same terms and conditions as opposite-sex couples, with equal rights and responsibilities. This decision was influenced by a shift in public opinion towards support for same-sex marriage, as well as by earlier court rulings, state legislation, and direct popular votes.
The recognition of same-sex marriage as a constitutional right in the United States has been a gradual process, with various legal challenges and victories along the way. In 1993, the Hawaii Supreme Court held that Hawaii's law restricting marriage to opposite-sex couples was unconstitutional. In 2003, the Massachusetts Supreme Judicial Court made a similar ruling, and by 2004, same-sex marriage was legally recognized in the state of Massachusetts. Over time, more states followed suit, and by 2015, same-sex marriage was legally recognized in all fifty states.
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The Defense of Marriage Act (DOMA)
DOMA specifically limited the definition of marriage to the union of one man and one woman, banning federal recognition of same-sex marriage. It further allowed states to refuse to recognize same-sex marriages granted under the laws of other states. DOMA supporters believed that opposite-sex marriage was the only appropriate method for family formation and procreation. One of the main arguments from proponents of the Act was that same-sex marriage could lead to alternative family formations and could even result in incestuous relationships and polygamous marriages.
On the other hand, the opponents of DOMA claimed that the Act's definition of marriage was discriminatory on the basis of sex and equated homosexuality with incest and polygamy. In 2013, in the landmark civil rights case of United States v. Windsor, the U.S. Supreme Court struck down DOMA's definition of marriage as only between one man and one woman, violating the Fifth Amendment to the United States Constitution. This led to federal recognition of same-sex marriage, with federal benefits for married couples connected to either the state of residence or the state in which the marriage was solemnized.
In 2015, in the case of Obergefell v. Hodges, the Supreme Court struck down the section of DOMA that allowed individual states to not recognize same-sex marriages performed in other states. Finally, on December 13, 2022, DOMA was repealed and replaced by the Respect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations.
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The Respect for Marriage Act
The RMA repeals the Defense of Marriage Act (DOMA) of 1996, which barred the federal government from treating same-sex couples who were married under state law as married. This meant that legally married same-sex couples were unable to access federal benefits such as Social Security and tax benefits. The Supreme Court's decision in United States v. Windsor in 2013 struck down Section 3 of DOMA, which prevented federal recognition of same-sex marriages. However, following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022, which overturned Roe v. Wade, there were concerns that the Supreme Court could overturn United States v. Windsor in the future.
The RMA provides statutory authority for same-sex and interracial marriages, replacing provisions that define marriage for federal law purposes as between a man and a woman with provisions that recognise any marriage between two individuals that is valid under state law. It also prohibits the denial of full faith and credit or any right or claim relating to out-of-state marriages on the basis of sex, race, ethnicity, or national origin. The Act does not affect religious liberties or conscience protections, nor does it require religious organisations to provide goods or services to formally recognise or celebrate a marriage.
The RMA was introduced in response to concerns that the Supreme Court could overturn its previous decisions recognising the right to same-sex marriage, such as Obergefell v. Hodges in 2015, which ruled that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The RMA ensures that the right to same-sex and interracial marriages remains part of federal statute law, even if the Court rules in the future that it is not constitutionally guaranteed.
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The fight for marriage equality
One of the earliest legal challenges occurred in 1972 with Baker v. Nelson, where the Supreme Court of the United States declined to intervene, dismissing the same-sex couple's marriage claim. This set the tone for a series of legal battles that would play out over the next few decades. In 1986, the Court upheld the constitutionality of a Georgia law that criminalised certain homosexual acts in Bowers v. Hardwick. However, a decade later, in Romer v. Evans, the Court invalidated an amendment to Colorado's Constitution that aimed to prevent protection for individuals from discrimination based on sexual orientation.
The tide began to turn in 2003, with a series of significant developments. The Supreme Court's decision in Lawrence v. Texas struck down sodomy laws, and the same year, Massachusetts became the first state to legalise same-sex marriage via a court ruling. This sparked a wave of legal and legislative changes across the country, with states repealing past bans and enacting marriage equality laws. By 2015, same-sex marriage had been established in 36 states through various court rulings, state legislation, and direct popular votes.
The culmination of these efforts came on June 26, 2015, with the landmark Supreme Court decision in Obergefell v. Hodges. In a narrow 5-4 ruling, the Court held that the fundamental right to marry is guaranteed to same-sex couples by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling required all 50 states to perform and recognise same-sex marriages, granting full and equal legal recognition to LGBTQ+ couples across the nation.
Despite this monumental victory, the battle for marriage equality remains ongoing, with some political and religious groups seeking to overturn Obergefell v. Hodges. Nevertheless, public sentiment has shifted significantly, with a majority of Americans supporting marriage equality, reflecting the tireless work of activists, organisations, and individuals who fought for love, equality, and the right to marry.
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Frequently asked questions
Yes, in Obergefell v. Hodges, the Supreme Court 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 Supreme Court ruled that the fundamental right of same-sex couples to marry on the same terms and conditions as opposite-sex couples, with all the accompanying rights and responsibilities, is guaranteed by the Constitution.
The vote count was 5-4 in favour of marriage equality.
The case established same-sex marriage throughout the United States and its territories, requiring all 50 states, the District of Columbia, and the Insular Areas to perform and recognise same-sex marriages.
Public opinion on same-sex marriage has shifted over time, with a Gallup poll finding that nationwide public support for same-sex marriage reached 50% in 2011, 60% in 2015, and 70% in 2021. A majority of Americans, 67%, currently support same-sex marriage, although Republicans are less likely to back it than Democrats.
