Obergefell v. Hodges, 576 U.S. 644 (2015)
Obergefell v. Hodges is a landmark decision by the United States Supreme Court that fundamentally transformed the legal landscape for LGBTQ+ rights in America.
Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully performed out-of-state?
The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully performed out-of-state.
Yes, the Supreme Court held that the right to marry is a fundamental right inherent in the liberty of the person, and is therefore protected by the Due Process and Equal Protection Clauses of the Fourteenth Amendment. States cannot deny same-sex couples the right to marry or refuse to recognize lawful same-sex marriages performed in other jurisdictions.
Obergefell v. Hodges is significant for law students as it represents a pivotal moment in the application of the Fourteenth Amendment to advance equality on a fundamental issue. It serves as an example of the judiciary's role in protecting minority rights from democratic majorities and highlights the importance of constitutional interpretation in expanding civil liberties. For students, it offers insights into how legal precedents evolve and the intersections of substantive due process and equal protection.