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The case "Obergefell v. Hodges" happened in the year 2015

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The Cheif Justice at this time- and currently- is Justice John Roberts. The other supreme court justices who decided this case, also known as the associate justices, were Ruth Bader Ginsburg, Samuel Alito, Sonia Sotomayor, Elena Jagan, Anthony Kennedy, Clarence Thomas and Antonin Scalia.

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Several same-sex couples in various states like Ohio and Michigan challanged their states laws on same sex marriage recognition and also allowing same sex marriage. They all argued that the state violate the 14th amendment, which states equal protection for all. Even though the trial courts in the states ruled in favor of the plaintiff, the U.S Court of Appeals did not agree.

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Decision- Ohio’s ban on same-sex marriage did not violate the constitution.

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The petitioner argues that same sex marriage is constitutiol and should be recoqnized because of the 14th Amendment.

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The respondents argued that states can chose wether or not they want to recognize same sex marriage licences from different states, even if it is illegal in that current state.

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Questions the Supreme Court want to answer.

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Questions the Supreme Court want to answer.

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There were two questions the  Supreme Court wanted to answer:

Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? Yes, the 14th amendment requires a state to licence a mariage between a same sex couple.

Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state? Yes, the 14th Amendment requires all states to recognize marriage licences from other states in America, even if it is a same-sex couple.

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There are four dissenting opinions. Chief Justice Roberts said that the Supreme Court does not have a say in this matter because it is not discussed in the constitution. He adds that the American people have the right to make this a law if they wanted to. Associate Justice Alito agrees, although he wrote a separate dissenting opinion. He agrees that the constitution does not say anything about same-sex marriage. Associate Justice Thomas stated that “the Due Process Clause does not provide a basis for creating new substantive rights”. Antonin Scalia stated that the majority opinion is a “threat to American democracy”. I could not find any concurring opinions, but I did find a majority opinion.

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In a 5-4 vote, Justice Anthony Kennedy gave the majority decision, ruling that the 14th amendment does give same-sex couples the right to mary, and this has to be recognized in all fifty states, even if the marriage did not happen in the state a citizen resides. He stated that marriage is a fundamental right protected by Due Process under the 14th amendment. He cited Loving v. Virginia, Zablocki v. Redhail and Lawrence v. Texas.

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This is an extremely important supreme court case. It extened the right to marry to same-sex couples, making it legal nationwide for same-sex couples to get married.

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Judicial Activism or Judicial Restraint. 

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Judicial Activism or Judicial Restraint. 

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This is judicial activism. This is the first time same-sex marriage has been legal in all fifty states, making this a new decision. It also overruled Baker v. Nelson.