Obergefell v. Hodges
Obergefell v. Hodges (2015)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
James Obergefell and other same-sex couples challenged state bans on same-sex marriage. The Supreme Court ruled 5–4 that the 14th Amendment’s Due Process and Equal Protection Clauses guarantee the fundamental right to marry for same-sex couples.
3) Why It Mattered
The decision legalized same-sex marriage nationwide, making marriage equality the law of the land.
4) What It Provided or Took Away
- Provided: A constitutional right to marry regardless of gender.
- Took Away: States’ ability to ban or refuse to recognize same-sex marriages.
5) Overreach or Proper Role?
Critics said it was judicial activism, creating rights not in the Constitution. Supporters argued it was a necessary enforcement of equality and liberty under the 14th Amendment.
6) Plain-English Impact Today
Same-sex couples have the same marriage rights as opposite-sex couples in every state. States must issue marriage licenses and recognize marriages equally.