The Obergefell v. Hodges case [Obergefell v. Hodges, 135 S. Ct. 2071 (2015)] involved
groups of same sex couples who sued in their state to challenge the constitutionality of the
state ban on same-sex marriage. They claimed that it violated the equal protection clause
of the constitution. In each case, the trial court decided for the plaintiffs. The 6th Circuit
Court of appeals reversed the decision and found that the state ban on same-sex
marriage did not violate the 14th amendment rights to equal protection and due process.
The case was appealed to the Supreme Court.
The Supreme Court looked at two questions:
“Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?”
“Does the Fourteenth Amendment require a state to recognize a marriage between two
people of the same sex that was legally licensed and performed in another state?”
The Supreme court found that the 14th Amendment does in fact require a state to license
a marriage for same sex couples and does require a state to recognize same sex couples
if legally married in another state. Justice Roberts wrote a dissent and stated that the
Constitution does not address same-sex marriage and it was beyond the power of the
court to decide the issue.
What do you think of the Obergefell decision? Why?
What do you think of Justice Roberts dissent? Why?