Same-sex marriage rights
Obergefell v. Hodges
In brief
The Supreme Court required states to license same-sex marriages and recognize those lawfully performed elsewhere.
- Where it stands
- Decided
Decided 5-4 · June 26, 2015 · Opinion by Justice Kennedy
- What it’s about
- James Obergefell challenged Ohio’s refusal to recognize his same-sex marriage, which was performed in another state.
- Who it affects
- States must issue marriage licenses to same-sex couples and recognize same-sex marriages lawfully licensed and performed in another state.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Sixth Circuit and decided that the Fourteenth Amendment requires states to license same-sex marriages and recognize those lawfully performed elsewhere.
Ohio's constitution and laws barred recognition of same-sex marriages lawfully entered in other states.
Question presented
1. DOES THE FOURTEENTH AMENDMENT REQUIRE A STATE TO LICENSE A MARRIAGE BETWEEN TWO PEOPLE OF THE SAME SEX? 2. DOES THE FOURTEENTH AMENDMENT REQUIRE A STATE TO RECOGNIZE A MARRIAGE BETWEEN TWO PEOPLE OF THE SAME SEX WHEN THEIR MARRIAGE WAS LAWFULLY LICENSED AND PERFORMED OUT-OF-STATE? 3. Whether Ohio's constitutional and statutory bans on recognition of marriages of same-sex couples validly entered in other jurisdictions violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S. Constitution. 4. Whether Ohio's refusal to recognize a judgment of adoption of an Ohio-born child issued to a same-sex couple by the courts of a sister state violates the Full Faith and Credit Clause of the U.S. Constitution.
What the Court decided
Holding
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 licensed and performed out-of-State. 772 F. 3d 388, reversed.
- Result
- Reversed
The vote
- Joined the judgment
- Dissented
- Wrote an opinion
From the opinions
“The fundamental right to marry does not include a right to make a State change its definition of marriage.”
What's next
States must follow the ruling by issuing marriage licenses to same-sex couples and recognizing qualifying marriages performed in other states.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Opinion added: Obergefell
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.