Landmark Case: Obergefell v. Hodges (2015) and Its Impact on Marriage Equality

Obergefell v.
Obergefell v.
Hodges 
Hodges 
(2015)
(2015)
 
Background
 
Ohio couple married in
Maryland as one man was
dying of ALS.
Survivor denied “surviving
spouse” status as Ohio law only
recognized traditional
marriage.
Federal District Court
 
Dist. Court Judge ruled Ohio
law discriminatory under the
14
th
 Amend. “Equal Protection”
Clause.
Ohio appealed to 6
th
 circuit
Court of Appeals in Cincinnati.
6
th
 Circuit
 
6
th
 Circuit took an 
“originalist”
view – no federal issue involved.
First federal appeals court to
uphold a ban on same-sex
marriage.
Obergefell appealed to S.C..
 
circuit split
Interest Group involvement
 
GLAD
 (Gay & Lesbian
Advocates & Defenders)
picked up tab for Obergefell.
 Roughly 150 
amicus
 briefs
 
filed
(including one by the Obama
administration).
Supreme Court
 
Supreme Court granted
certiorari
 and heard oral
arguments in April 2015.
U.S. v. Windsor
 (2013) which
struck down DOMA is an
important 
precedent
.
U.S. v. Windsor
 (2013)
 
Court ruled 5-4 that the
Defense of Marriage Act
(DOMA) violated the equal
protection standard inherent in
the 5
th
 Amendment.
Decision required the federal
government to recognize
same-sex marriages.
Windsor
 split on the Court
 
Roberts
Scalia
Thomas
Alito
 
Breyer
 
Ginsburg
 
Sotomayor
 
Kagan
 
Kennedy
 
Announced in June 2015.
Ohio law banning gay
marriage struck down 5-4.
Justices voted same as 
Windsor.
Kennedy wrote the decision.
Each justice in minority wrote his
own dissent.
Obergefell
 decision
Where can I use this?
 
Federalism – 10
th
 Amendment
14
th
 – Equal Protection
Expansion of federal power
Interest Groups – multiple access
points
Liberals v. Conservatives
Influence of public opinion on
public policy.
 
Judicial Review.
Checks & Balances.
Amicus curiae 
(or “green”) briefs.
“Center controls the Court.”
Judicial Activism v. Restraint.
Stare decisis.
Certiorari
 (“circuit split”).
Where can I use this?
Where can I use this?
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Ohio couple's struggle for recognition of their out-of-state marriage due to a discriminatory law led to the significant Supreme Court case Obergefell v. Hodges (2015). This case overturned Ohio's ban on same-sex marriage, setting a precedent for marriage equality nationwide. The involvement of interest groups, legal battles, and decisive Supreme Court rulings are pivotal in understanding the evolution of LGBTQ+ rights in the United States.


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  1. Obergefell v. Hodges (2015)

  2. Background Ohio couple married in Maryland as one man was dying of ALS. Survivor denied surviving spouse status as Ohio law only recognized traditional marriage.

  3. Federal District Court Dist. Court Judge ruled Ohio law discriminatory under the 14thAmend. Equal Protection Clause. Ohio appealed to 6thcircuit Court of Appeals in Cincinnati.

  4. 6thCircuit 6thCircuit took an originalist view no federal issue involved. First federal appeals court to uphold a ban on same-sex marriage. Obergefell appealed to S.C.. circuit split

  5. Interest Group involvement GLAD (Gay & Lesbian Advocates & Defenders) picked up tab for Obergefell. Roughly 150 amicus briefs filed (including one by the Obama administration).

  6. Supreme Court Supreme Court granted certiorari and heard oral arguments in April 2015. U.S. v. Windsor (2013) which struck down DOMA is an important precedent.

  7. U.S. v. Windsor (2013) Court ruled 5-4 that the Defense of Marriage Act (DOMA) violated the equal protection standard inherent in the 5th Amendment. Decision required the federal government to recognize same-sex marriages.

  8. Windsor split on the Court Ginsburg Roberts Scalia Thomas Alito Breyer Sotomayor Kagan Kennedy

  9. Obergefell decision Announced in June 2015. Ohio law banning gay marriage struck down 5-4. Justices voted same as Windsor. Kennedy wrote the decision. Each justice in minority wrote his own dissent.

  10. Where can I use this? Federalism 10th Amendment 14th Equal Protection Expansion of federal power Interest Groups multiple access points Liberals v. Conservatives Influence of public opinion on public policy.

  11. Where can I use this? Judicial Review. Checks & Balances. Amicus curiae (or green ) briefs. Center controls the Court. Judicial Activism v. Restraint. Stare decisis. Certiorari( circuit split ).

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