
The Obergefell case, or Obergefell v. Hodges, was a landmark Supreme Court ruling in the United States that deemed state bans on same-sex marriage unconstitutional. The case was filed by 14 same-sex couples and two men whose same-sex partners had passed away, challenging the state's denial of their right to marry and have their marriages recognised under the Fourteenth Amendment. The Supreme Court's ruling in favour of the plaintiffs established same-sex marriage throughout the United States and its territories, setting a precedent for marriage equality and civil rights.
| Characteristics | Values |
|---|---|
| Date of ruling | June 26, 2015 |
| Case name | Obergefell v. Hodges |
| Decision | Overturned Baker v. Nelson; requires states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other jurisdictions |
| Constitutional issue | Whether state bans on same-sex marriage and recognizing same-sex marriages performed in other jurisdictions are unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment |
| States involved | Michigan, Ohio, Kentucky, and Tennessee |
| Number of plaintiff couples | 14 same-sex couples and two men whose same-sex partners are deceased |
| Ruling body | U.S. Supreme Court |
| Decision outcome | Legalized same-sex marriage in the U.S. and its territories |
| Subsequent developments | Six Texas counties initially refused to issue same-sex marriage licenses, but eventually complied; three Kentucky counties were not confirmed to be issuing or refused to issue marriage licenses to same-sex couples |
| Related cases | Pavan v. Smith (2016), Dobbs v. Jackson Women's Health Organization (2022) |
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What You'll Learn

The case legalised same-sex marriage in the US
The Obergefell case, or Obergefell v. Hodges, was a landmark US Supreme Court case that legalised same-sex marriage in the US. The case was decided on June 26, 2015, and it requires states to issue marriage licenses to same-sex couples and to recognise same-sex marriages performed in other jurisdictions. This ruling established same-sex marriage throughout the United States and its territories.
The case was brought by 14 same-sex couples and two men whose same-sex partners had passed away. The petitioners were from Michigan, Ohio, Kentucky, and Tennessee, and they argued that state officials were violating the Fourteenth Amendment by denying them the right to marry or to have their marriages recognised. The Sixth Circuit Court initially ruled that it was bound by the 1972 case of Baker v. Nelson, which held that the exclusion of same-sex couples from marriage did not present a substantial federal question. However, following a series of appeals court rulings that state-level bans on same-sex marriage were unconstitutional, the Supreme Court reviewed the case and overturned the previous decision.
The Supreme Court ruled that state bans on same-sex marriage and the refusal to recognise out-of-state same-sex marriages were unconstitutional under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Justice Anthony Kennedy wrote the majority opinion, stating that the Constitution grants same-sex couples the right to marry and to have their marriages recognised on the same terms as opposite-sex couples. He further stated that denying same-sex couples the right to marry would be a denial of their liberty and equality, protected by the Fourteenth Amendment.
The Obergefell case had a significant impact, with all states required to issue marriage licenses to same-sex couples and recognise such marriages performed in other jurisdictions. However, some counties initially refused to comply with the ruling, citing personal religious beliefs and exemptions. The case also had broader implications, with the Supreme Court reaffirming in subsequent rulings that married same-sex couples could not be treated differently from married opposite-sex couples in various legal contexts, such as the issuance of birth certificates.
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It requires states to issue marriage licenses to same-sex couples
The Obergefell v. Hodges case was a landmark legal proceeding that culminated in the US Supreme Court ruling that state bans on same-sex marriage were unconstitutional. The case centred on James Obergefell, who sued the state of Ohio for refusing to recognise his out-of-state marriage to his late husband, John Arthur.
Obergefell and Arthur were married in Maryland, one of the few states at the time that allowed same-sex marriage. However, their home state of Ohio did not recognise their union, and after Arthur's death from amyotrophic lateral sclerosis (ALS), Obergefell was not listed as a spouse on the death certificate. This prompted Obergefell to file a lawsuit, arguing that Ohio's refusal to recognise their marriage violated his constitutional rights.
The case was heard by the US Supreme Court in 2015, and the Court ruled in favour of Obergefell, finding that the Fourteenth Amendment protects the right of same-sex couples to marry and that states must issue marriage licenses to these couples. The Court's decision established same-sex marriage across the United States and its territories, and it required states to recognise valid same-sex marriages performed in other jurisdictions.
The ruling in Obergefell v. Hodges was not without controversy. Some argued that the decision created a new right that did not previously exist in the Constitution and that the matter of marriage expansion should have been left to state governments and citizens to decide. However, the Court's majority opinion, written by Justice Anthony Kennedy, emphasised that the Constitution grants same-sex couples the right to "equal dignity in the eyes of the law".
Despite the Supreme Court ruling, some counties initially refused to issue marriage licenses to same-sex couples, citing personal religious beliefs and exemptions. However, over time, these holdouts diminished, and by 2020, most counties were issuing licenses to all eligible couples regardless of sexual orientation.
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The ruling was decided by a 5-4 vote
The Obergefell case, or Obergefell v. Hodges, was a landmark legal case in which the U.S. Supreme Court ruled on the constitutionality of same-sex marriage and the recognition of such marriages performed in other jurisdictions. The ruling, decided by a 5-4 vote, had a significant impact on marriage equality and civil rights in the United States.
The case was brought by James Obergefell and other petitioners, who argued that state bans on same-sex marriage violated their constitutional rights. The petitioners included 14 same-sex couples and two men whose same-sex partners had passed away. They claimed that state officials in Michigan, Kentucky, Ohio, and Tennessee were violating the Fourteenth Amendment by denying them the right to marry and by refusing to recognize same-sex marriages performed in other states.
The Supreme Court's ruling in Obergefell v. Hodges established that same-sex marriage is a fundamental liberty protected by the Due Process Clause of the Fourteenth Amendment. The Court held that denying same-sex couples the right to marry or the legal benefits of marriage violated the Equal Protection Clause of the same amendment. This ruling overturned previous decisions, such as Baker v. Nelson, which had upheld state-level bans on same-sex marriage.
The close 5-4 vote in the Obergefell case highlights the divided nature of the Supreme Court's decision. The four dissenting justices each wrote separate opinions, expressing their disagreement with the majority's interpretation of the Constitution and the expansion of marriage rights. Chief Justice John Roberts, in his dissent, argued that the decision to expand the definition of marriage should rest with state governments and citizens, rather than the courts.
The ruling in Obergefell v. Hodges had immediate and long-term effects on marriage equality across the United States. While some counties initially refused to comply with the ruling, same-sex marriage became legal nationwide, and states were required to recognize and issue marriage licenses to same-sex couples. The decision also had broader implications for social issues and sparked further debates about the role of the Supreme Court in shaping societal changes.
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The case deemed state bans on same-sex marriage unconstitutional
The Obergefell case, or Obergefell v. Hodges, was a landmark ruling by the U.S. Supreme Court that deemed state bans on same-sex marriage unconstitutional. The case was decided on June 26, 2015, and it established same-sex marriage across the United States and its territories. The ruling required states to issue marriage licenses to same-sex couples and to recognize same-sex marriages performed in other jurisdictions.
The case was brought by plaintiffs in Michigan, Ohio, Kentucky, and Tennessee, who filed lawsuits in their respective federal district courts, claiming that state officials violated the Fourteenth Amendment by denying them the right to marry and refusing to recognize marriages lawfully performed in other states. The district courts ruled in favour of the plaintiffs, but these rulings were appealed to the Sixth Circuit, which initially found such bans to be constitutional, citing Baker v. Nelson as precedent.
However, this created a split among the circuits and led to a Supreme Court review. The Supreme Court, in a 5-4 decision, ruled that state bans on same-sex marriage violated the due process and equal protection clauses of the Fourteenth Amendment. Justice Anthony Kennedy, writing for the majority, stated that denying same-sex couples the right to marry or the legal benefits of marriage would deprive them of "equal dignity in the eyes of the law."
The Obergefell ruling had a significant impact, with states now required to issue marriage licenses to same-sex couples and recognize such marriages performed elsewhere. While some counties initially refused to comply, citing personal religious beliefs, these stances softened over time, with almost all counties issuing marriage licenses to same-sex couples by September 2015. The ruling also had broader implications, such as in Pavan v. Smith (2016), where the Supreme Court reaffirmed Obergefell and ruled that states could not discriminate against married same-sex couples when issuing birth certificates.
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The ruling was based on the Fourteenth Amendment
In Obergefell v. Hodges, the U.S. Supreme Court ruled that state bans on same-sex marriage and the refusal to recognise same-sex marriages performed in other jurisdictions were unconstitutional. This ruling was based on the Fourteenth Amendment to the U.S. Constitution, which protects an individual's fundamental liberty and guarantees equal protection under the law.
The Fourteenth Amendment holds that all states must issue marriage licenses to same-sex couples and recognise such marriages performed in other states. The Supreme Court ruled that same-sex marriage was a fundamental liberty protected by the Due Process Clause of the Fourteenth Amendment. This means that individuals have the right to marry someone of the same sex and have their marriages recognised equally under the law.
The ruling also addressed the constitutional issue of equal protection under the law. The Court found that denying a same-sex couple a marriage license or the legal benefits of marriage violated the Equal Protection Clause of the Fourteenth Amendment. This clause guarantees that all people will be treated equally and protected equally by the law. The Court recognised that same-sex couples sought "equal dignity in the eyes of the law", and that the Constitution grants them this right.
The Obergefell ruling established same-sex marriage throughout the United States and its territories, overturning previous decisions such as Baker v. Nelson, which had upheld state-level bans on same-sex marriage. The ruling was based on the interpretation of the Fourteenth Amendment and its protection of individual liberty and equality. It affirmed that the Constitution entitles same-sex couples to civil marriage on the same terms and conditions as opposite-sex couples, ensuring their equal rights and dignity under the law.
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Frequently asked questions
The Obergefell case, or Obergefell v. Hodges, saw the US Supreme Court rule that state bans on same-sex marriage were unconstitutional. The ruling also stated that same-sex marriages performed in other jurisdictions must be recognised.
The case centred on the Fourteenth Amendment of the US Constitution. The Court ruled that, under the Due Process and Equal Protection clauses of the Fourteenth Amendment, same-sex marriage was a fundamental liberty that could not be denied.
The ruling established same-sex marriage across the US and its territories. It also set a precedent for states to issue birth certificates to married same-sex couples, as recognised in the 2016 Pavan v. Smith case.
Yes, there were four dissenting Justices who each wrote separate opinions. Chief Justice John Roberts argued that the decision to expand the definition of marriage should be made by state governments and citizens, rather than the Court.

















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