26 июн 2015 г. - Obergefell v. Hodges (2015)

Описание:

This case came at a time many state governments were challenging anti-LGBTQIA+ legislation. Several couples vying for LGBTQIA+ right to marriage brought forward a series of cases consolidated into the Obergefell v. Hodges case, named after James Obergefell who was seeking legal recognition for his marriage to his terminally ill partner. Lower courts were divided on these cases, prompting action from the Supreme Court. The Supreme Court addressed whether the 14th Amendment required states to license same-sex marriages and whether states need to recognize marriages done in other states.

In a 5-4 ruling, the Supreme Court decided the 14th Amendment must uphold same-sex marriage and guarantees individuals the right to marry the same sex. Gay marriage is protected under the Due Process Clause of the 14th Amendment along with other forms of marriage and denying this violates civil liberties. Additionally, excluding individuals from the right to marriage denies them rights applied to straight couples under the Equal Protection Clause. The Supreme Court also considered these cases in the context of historical evolution in other countries - many of whom had already legalized same sex marriage. This ruling established same sex marriage federally and overturned all prior bans in the states.

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