Obergefell v. Hodges: The Case for Gay Marriage
Source: Yale Law School
Written By: Kia Jones
Edited By: Yozer Wang
On June 26, 2015, the Supreme Court made their decision on the case of Obergefell vs Hodges, ruling that marriage equality is a constitutional right and legalizing same-sex marriage throughout the country. It was a historical moment with a positive outcome for so many LGBTQ+ Americans. However, due to the recent election results, there have been concerns about the security of the case and the possibility of it being overturned.
What is the history of the Obergefell vs Hodges case? For 22 years, James Obergefell and his partner, John Arthur James, were a queer couple living in the state of Ohio. Arthur was terminally ill, so the pair wanted to get married before Arthur passed. Unfortunately, at the time it was illegal for a same-sex couple to get married in Ohio, so the couple wed in Maryland. Upon their return to Ohio, Obergefell and Arthur learned that Obergefell would not be listed as the surviving spouse on Arthur’s death certificate because the state refused to recognize their marriage. Following this incident, Obergefell decided to sue the state of Ohio. He, along with a number of other same-sex couples, argued that Ohio, Tennessee, Kentucky, and Michigan violated the Fourteenth Amendment by making the decision of same-sex marriage up to the state and refusing to recognize their marriages performed in other states. Over 2 years, the case became the Supreme Court case Obergefell vs Hodges. One justice, Samuel A. Alito Jr., who dissented in the case, wrote that the Constitution didn’t address the right of same-sex couples to marry, and it should therefore be a decision of the states. However, Justice Anthony Kennedy said that states must allow and recognize same-sex marriages under the Equal Protection and Due Process Clauses of the Fourteenth Amendment. The Supreme Court eventually ruled 5-4 in favor of Kennedy’s opinion, making same-sex marriage legal across the United States.
Source: Cincinatti Enquirer
Recently, many have felt uneasy at the possibility of the Obergefell vs Hodges case being overturned upon the inauguration of Donald Trump in 2025 and his following presidency. Over recent years, the Supreme Court has become a 6-3 conservative majority, with only two justices who voted in favor of Obergefell vs Hodges remaining on the bench. Public opinion and law regarding the LGBTQ+ community have also evolved significantly and rapidly in the past years, making it easy to overlook that the legal foundation of many supporting changes is fragile. Another reason for worry is the comparison of Obergefell vs Hodges and Roe vs Wade. Roe vs Wade was overturned after nearly 50 years in effect, which makes people concerned for Obergefell vs Hodges, considering it has been in effect for less than 10 years. Donald Trump has given mixed signals on the topic of same-sex marriage over the years: before he was involved in politics, he expressed some support on the matter. In the past 10 to 15 years, Trump has said he opposes it, and is in favor of “traditional marriage.” During his 2016 campaign, he stated he would “strongly consider” appointing Supreme Court justices who would overturn the Obergefell vs Hodges case. In his 2024 campaign, Trump expressed a significant amount of transphobia. Additionally, many of the people Trump has already chosen to appoint in political positions are individuals who openly oppose same-sex marriage. With a lack of clarity on Trump’s views on same-sex marriages, recent hatred shown to a members of the LGBTQ+ community, and his decisions to appoint people who could make devastating decisions for queer Americans, the safety of the Obergefell vs Hodges decision—and numerous other issues relating to the LGBTQ+ community—still remains uncertain.
“Marriage equality is about more than just marriage. It’s about something greater. It’s about acceptance.”
The Obergefell vs Hodges ruling was a historical moment for the LGBTQ+ community and without it, many same-sex couples would still be faced with legal barriers, difficulties, and inequality. As the composition of the Supreme Court and the political state of America shifts, the disquiet of Obergefell vs Hodges being overturned increases. If made a reality, the effects would be extremely damaging. Despite the uncertainty for the future of LGBTQ+ rights, the strides already made by the community and supporters to achieve the amount of progress made to today shows an extreme amount of determination that we will continue to use in the fight for equality.
Source: CNN
