Obergefell v. Hodges — Quick Summary

Obergefell v. Hodges

576 U.S. 644 (2015)

In Brief

Obergefell v. Hodges is the landmark Supreme Court case that constitutionalized marriage equality in the United States.

Key Issue

Does the Fourteenth Amendment require states to (1) license marriages between two people of the same sex and (2) recognize a marriage between two people of the same sex when their marriage was lawfully performed out of state?

The Rule

The Due Process and Equal Protection Clauses of the Fourteenth Amendment guarantee same-sex couples the fundamental right to marry. States must (1) license marriages between two people of the same sex and (2) recognize same-sex marriages lawfully performed in other jurisdictions. The fundamental right to marry may not be denied to same-sex couples, as the liberties protected by the Fourteenth Amendment extend to choices central to individual dignity and autonomy and must be afforded on equal terms.

Bottom Line

Yes. The Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize same-sex marriages lawfully performed out of state. The Sixth Circuit's judgment upholding state bans was reversed.

Why It Matters

Obergefell is a capstone of modern Fourteenth Amendment jurisprudence. For law students, it is essential for understanding: (1) how the Court identifies and applies fundamental rights under substantive due process; (2) the interplay—"synergy"—between due process and equal protection in expanding access to a preexisting fundamental right; (3) the limits of tradition and democratic processes when they conflict with constitutional guarantees; and (4) the practical reach of constitutional rights into family law, parentage, and benefits. The case also illustrates how the Court treats summary dispositions like Baker v. Nelson once doctrinal developments render them obsolete. Post-Obergefell litigation (e.g., Pavan v. Smith) shows how its rationale requires equal access to all incidents of marriage, while later debates over religious liberty and public accommodations highlight unresolved tensions left for future cases.

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