Omar Bennett
In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality, seemingly settling the issue. This was the result of decades of careful, incremental work by LGBTQ rights advocates. However, constitutional amendments limiting marriage to one man and one woman remain on the books in dozens of states. If the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states, just like abortion rights did post-Dobbs.
| Characteristics | Values |
|---|---|
| Does the Constitution protect gay marriage? | Yes, since 2015 |
| What does the Constitution say? | The 14th Amendment requires a state to license a marriage between two people of the same sex and to recognise a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state |
| When did this change? | In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality |
| What was the situation before 2015? | Less than 30 years ago, Congress passed legislation barring federal recognition of same-sex marriage |
| What about at a state level? | The availability of legally recognised same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes |
| What would happen if the Supreme Court changed its position? | If the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states |
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What You'll Learn
- The Supreme Court's ruling in 2015 that the federal Constitution guarantees marriage equality
- The 14th Amendment, which guarantees equal protection and due process
- The Supreme Court's 2008 ruling that there was a constitutional right to same-sex marriage
- The 1967 landmark civil rights case of Loving v. Virginia
- The 1970s civil rights campaigning in support of marriage without distinction as to sex or sexual orientation
The Supreme Court's ruling in 2015 that the federal Constitution guarantees marriage equality
In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality. This seemingly settled the issue, determining that gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment. The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognise a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.
The availability of legally recognised same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognise marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
This ruling was the result of decades of careful, incremental work by LGBTQ rights advocates. As far back as the early 1990s, advocates brought lawsuits in state courts, trying to use state constitutional theories to incrementally expand access to relationship recognition.
However, it is important to note that the Supreme Court's ruling in 2015 does not mean that the issue of marriage equality is completely settled. If the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states, just like abortion rights did post-Dobbs. Constitutional amendments limiting marriage to one man and one woman remain on the books in dozens of states.
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The 14th Amendment, which guarantees equal protection and due process
In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality. The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognise a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state. The Fourteenth Amendment guarantees equal protection and due process, and the Supreme Court determined that gay, transgender, and lesbian couples had the same rights as heterosexual couples under this amendment.
The availability of legally recognised same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognise marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s.
The Supreme Court's ruling in 2015 seemingly settled the issue of marriage equality, but there are still constitutional amendments limiting marriage to one man and one woman in dozens of states. If the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states, just like abortion rights did post-Dobbs. These provisions could take on renewed force, much like some 19th-century "zombie laws" restricting abortion that became activated after the Dobbs decision.
Less than 30 years ago, Congress passed legislation barring federal recognition of same-sex marriage. The shift in opinion on this issue happened as the result of decades of careful, incremental work by LGBTQ rights advocates. As far back as the early 1990s, advocates brought lawsuits in state courts, trying to use state constitutional theories to incrementally expand access to relationship recognition.
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The Supreme Court's 2008 ruling that there was a constitutional right to same-sex marriage
In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality. This ruling determined that gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment. The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognise a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.
The Supreme Court's ruling in 2015 was the culmination of decades of careful, incremental work by LGBTQ+ rights advocates. As far back as the early 1990s, advocates brought lawsuits in state courts, trying to use state constitutional theories to incrementally expand access to relationship recognition. By 2004, same-sex marriage was legally recognised in one state (Massachusetts). Over the next 11 years, various court rulings, state legislation, and direct popular votes expanded the availability of legally recognised same-sex marriage to all fifty states.
The Supreme Court's ruling in 2015 seemingly settled the issue of marriage equality. However, it is important to note that constitutional amendments limiting marriage to one man and one woman remain on the books in dozens of states. If the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states, and these amendments could take on renewed force.
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The 1967 landmark civil rights case of Loving v. Virginia
In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality. This ruling determined that gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment, which guarantees equal protection and due process.
The availability of legally recognised same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognise marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s. This was the result of decades of careful, incremental work by LGBTQ rights advocates. As far back as the early 1990s, advocates brought lawsuits in state courts, trying to use state constitutional theories to incrementally expand access to relationship recognition.
However, it is important to note that there are still constitutional amendments limiting marriage to one man and one woman in dozens of states. These provisions could take on renewed force if the Court were to announce that the U.S. Constitution no longer protects same-sex marriage, as has been the case with abortion rights post-Dobbs.
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The 1970s civil rights campaigning in support of marriage without distinction as to sex or sexual orientation
The 1970s saw the beginning of civil rights campaigning in support of marriage without distinction as to sex or sexual orientation. This was a time when LGBTQ+ rights advocates were bringing lawsuits in state courts, using state constitutional theories to try to expand access to relationship recognition.
In 2004, same-sex marriage was legally recognised in one US state, Massachusetts. By 2015, this had expanded to all fifty states through various court rulings, state legislation, and direct popular votes. This was the result of decades of careful, incremental work by LGBTQ+ rights advocates.
In 2015, the US Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality. The Court determined that gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment, which guarantees equal protection and due process.
Despite this ruling, some states continue to have constitutional amendments limiting marriage to one man and one woman. If the Court were to announce that the US Constitution no longer protects same-sex marriage, the issue of marriage equality would return to the states, as happened with abortion rights post-Dobbs.
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Frequently asked questions
Yes, the US Constitution protects gay marriage. In 2015, the Supreme Court ruled in Obergefell v. Hodges that the federal Constitution guaranteed marriage equality.
The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognise a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.
The Supreme Court has the final say on constitutional matters. In 2015, a majority (5-4) of justices ruled in favour of the plaintiffs, determining that gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment.
In 2004, then-President George W. Bush came out in support of a federal constitutional amendment limiting marriage to one man and one woman, which he said was needed to protect 'the most fundamental institution of civilization'.
