Cecily Zamora
The legal recognition of same-sex marriage in the United States has been a long and contentious journey. While civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s, it wasn't until 2003 that a high court in Massachusetts first legalized same-sex marriage, igniting a national debate. This was followed by a wave of legislative actions and court rulings across the country, with opponents and proponents of same-sex marriage battling it out in state statutes, constitutions, and court rulings. In 2015, the Supreme Court's landmark ruling in Obergefell v. Hodges established the fundamental right of same-sex couples to marry, guaranteed by the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This ruling marked a significant victory for marriage equality, ensuring that gay, transgender, and lesbian couples have the same rights as heterosexual couples under the law.
| Characteristics | Values |
|---|---|
| Legal recognition of same-sex marriage in the United States | Expanded from one state in 2004 (Massachusetts) to all fifty states in 2015 |
| Ruling bodies | Supreme Court of the United States, Supreme Court of Hawaii, Massachusetts Supreme Judicial Court, California Supreme Court, Iowa Supreme Court |
| Landmark cases | Loving v. Virginia (1967), Baker v. Nelson (1972), Baehr, Goodridge v. Department of Public Health (2003), Andersen v. King County (2004), Obergefell v. Hodges 2015, Lawrence v. Texas (2003), Bowers v. Hardwick (1986), Romer v. Evans (1996) |
| Constitutional Amendments | Fourteenth Amendment, Fifth Amendment |
| Clauses | Due Process Clause, Equal Protection Clause, Full Faith and Credit Clause |
| Acts and initiatives | Defense of Marriage Act (DOMA), Respect for Marriage Act, Proposition 8 |
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What You'll Learn
The Supreme Court's ruling in Obergefell v. Hodges
Background and Context
Obergefell v. Hodges is not a single lawsuit but the consolidation of six lower-court cases representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. These cases originated from Michigan, Ohio, Kentucky, and Tennessee, where each federal district court ruled in favour of the same-sex couples and other claimants. The petitioners, including the same-sex couples and the widower, argued that these states' refusal to recognize same-sex marriages violated their rights under the Fourteenth Amendment.
District Court Rulings
All the district courts ruled in favour of the petitioners, finding that the states' refusal to grant marriage licenses to same-sex couples or recognize out-of-state same-sex marriages violated the Fourteenth Amendment. These rulings affirmed the fundamental right of same-sex couples to marry and have their marriages recognized on equal terms as opposite-sex couples.
Sixth Circuit Court of Appeals
However, when the cases were appealed to the Sixth Circuit Court of Appeals, the court consolidated them and reversed the district court rulings. The Sixth Circuit found that bans on same-sex marriage were constitutional, creating a split among the Circuit Courts and leading to a Supreme Court review.
Supreme Court Ruling
On June 26, 2015, the Supreme Court issued its ruling in Obergefell v. Hodges, with a vote of 5-4 in favour of the plaintiffs. The Court held that the Fourteenth Amendment requires states to license and recognize marriages between two people of the same sex, regardless of sexual orientation. This ruling established same-sex marriage across all fifty states in the United States and its territories, including the District of Columbia and Insular Areas under U.S. sovereignty.
Impact and Significance
The Supreme Court's decision in Obergefell v. Hodges had a profound impact on the legal landscape of same-sex marriage in the United States. It affirmed the fundamental right of same-sex couples to marry and ensured that they would be granted all the accompanying rights and responsibilities on the same terms as opposite-sex couples. This ruling built upon previous cases, such as Goodridge v. Department of Public Health (Massachusetts, 2003) and the California Supreme Court's decision upholding Proposition 8 in 2009, which had sparked national debates and legal challenges over the recognition of same-sex marriage. Obergefell v. Hodges marked a significant milestone in the expansion of marriage rights and equal protection under the law for LGBTQ+ individuals and couples across the nation.
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The Defense of Marriage Act (DOMA)
The Defense of Marriage Act was introduced as a bill in May 1996 by Congressman Bob Barr and Senator Don Nickles, both members of the Republican Party. It passed both houses of Congress by large, veto-proof majorities, with bipartisan support. However, about a third of the Democratic caucus in both the House and Senate opposed it, including President Clinton, who criticized the act as "divisive and unnecessary". Nevertheless, he signed it into law in September 1996.
The implications of DOMA were significant, denying many benefits and recognition to same-sex couples that opposite-sex couples enjoyed. These benefits included over 1,000 federal protections and privileges, such as access to a spouse's employment benefits, the recognition of the marriage itself, inheritance rights, joint tax returns and exemptions, and the right to cohabit in college or military housing. One of the major provisions of DOMA was that a non-biological parent in a same-sex couple could not have a legal relationship with the child of their biological partner. Same-sex couples also faced restrictions on taking medical leave to care for their partners or non-biological children.
Supporters of DOMA argued that opposite-sex marriage was the only appropriate method for family formation and procreation. They claimed that same-sex marriage could lead to alternative family structures and potentially result in incestuous relationships or polygamous marriages. On the other hand, opponents of DOMA asserted that the act's definition of marriage was discriminatory on the basis of sex and equated homosexuality with incest and polygamy.
The constitutionality of DOMA was challenged in several court cases. On July 8, 2010, in the cases of Gill v. Office of Personnel Management and Massachusetts v. United States Department of Health and Human Services, Judge Tauro ruled that Section 3 of DOMA violated the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment. He also found that the same section of DOMA violated the Tenth Amendment and exceeded Congress' authority under the Spending Clause. In 2013, in United States v. Windsor, the U.S. Supreme Court struck down DOMA's definition of marriage as solely between a man and a woman. In 2015, in Obergefell v. Hodges, the Supreme Court invalidated the section of DOMA that allowed states to refuse to recognize same-sex marriages performed in other states. On December 13, 2022, DOMA was repealed and replaced by the Respect for Marriage Act, which recognizes and protects same-sex and interracial marriages under federal law and in interstate relations.
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State-level legalisation
The legal recognition of same-sex marriage in the United States expanded from one state in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Massachusetts became the first U.S. state to legalize same-sex marriage following the Supreme Judicial Court's decision in Goodridge v. Department of Public Health in 2003. The legalization of same-sex marriage in Massachusetts provoked a reaction from opponents, resulting in further legal restrictions being written into state statutes and constitutions. Several other Northeast states shortly followed suit: Connecticut in 2008, Vermont in 2009, and New Hampshire and Washington, D.C., in 2010. Iowa also legalized same-sex marriage in 2009, as did California for a brief period in 2008.
In 2012, Minnesota voters rejected a proposed state constitutional amendment defining marriage as a union between a man and a woman. The state legislature then proposed a same-sex marriage legalization bill in 2013, which was approved. That same year, Rhode Island, Delaware, and Maryland legalized same-sex marriage. Maine became the first state to legalize same-sex marriage through a popular referendum in 2012.
By 2015, same-sex marriage was legal in 38 states and Washington, D.C. On June 26, 2015, the Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide, granting same-sex couples in all 50 states the right to full, equal recognition under the law.
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The Equal Protection Clause
In 1972, the Supreme Court of the United States declined to become involved in Baker v. Nelson, which sought to challenge state laws defining marriage as between a man and a woman. However, in 1993, the highest court in Hawaii ruled that a ban on same-sex marriage may violate the state constitution's Equal Protection Clause. This was the first time a state court moved towards making same-sex marriage legal.
In 2003, the Massachusetts Supreme Judicial Court ruled in Goodridge v. Department of Public Health that it was unconstitutional under the Constitution of Massachusetts to abridge marriage on the basis of sex. This decision sparked a national debate over the meaning of marriage and led to a wave of federal and state actions to explicitly abridge marriage on the basis of sex, including the 1996 federal Defense of Marriage Act (DOMA).
In 2009, the Iowa Supreme Court unanimously ruled that a state law defining marriage solely as a union between a man and a woman violated the Iowa Constitution's guarantee of equal protection. This ruling further highlighted the legal dimensions of the same-sex marriage debate.
In 2015, the United States Supreme Court ruled in Obergefell v. Hodges that the fundamental right of same-sex couples to marry is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. The Court determined that gay, transgender, and lesbian couples have the same rights as heterosexual couples under the Fourteenth Amendment. The ruling required all 50 states, the District of Columbia, and the Insular Areas under U.S. sovereignty to perform and recognize same-sex marriages on the same terms and conditions as opposite-sex marriages, with equal rights and responsibilities.
The Obergefell v. Hodges decision was a landmark ruling that solidified the role of the Equal Protection Clause in ensuring the legal recognition of same-sex marriage across the United States.
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The right to marry as a fundamental right
The right to marry has been a contentious issue for same-sex couples in the United States for decades. In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a fundamental right to marry, guaranteed by the Constitution. This decision was a landmark victory for LGBTQ+ rights, but it is important to understand how this came about and the challenges faced along the way.
The first state to legalize same-sex marriage was Massachusetts in 2004, following a Supreme Judicial Court ruling. This sparked a reaction from opponents, leading to further legal restrictions in state statutes and constitutions. Despite this pushback, civil rights campaigning in support of marriage equality gained momentum in the 1970s, with the Supreme Court case of Baker v. Nelson in 1972 being a notable early example. However, it would take another four decades for the Court to address same-sex marriage rights again directly.
During this time, various state court rulings, state legislation, and direct popular votes gradually expanded marriage equality across the country. By 2015, thirty-six out of fifty states recognized same-sex marriage. A pivotal moment occurred in 2013 when the Supreme Court struck down key provisions of the Defense of Marriage Act (DOMA), which had defined marriage as between a man and a woman at the federal level. This ruling, along with United States v. Windsor, paved the way for full equality by declaring that DOMA violated the Fifth Amendment's guarantee of equal liberty for all.
The lead-up to the Obergefell v. Hodges decision saw intense debate and a divided nation. The Supreme Court's ruling in favor of marriage equality was a close call, with a 5-4 majority. Justice Anthony Kennedy, who delivered the majority opinion, acknowledged that same-sex marriage was a relatively new concept but argued that basic Constitutional freedoms grant "the right to marry" to same-sex couples. He outlined four guiding principles that led to this conclusion, including the notion that marriage allows two people to find a life that could not be found alone.
The dissenting opinion, led by Chief Justice John Roberts, criticized Kennedy's interpretation of the Constitution and compared the decision to controversial rulings like Roe v. Wade, predicting it would foment a long-running culture war. Despite the opposition, the Obergefell v. Hodges decision affirmed that the fundamental right to marry applies to all, regardless of sexual orientation, and that states must issue marriage licenses to eligible couples without discrimination. This ruling ensured that same-sex couples across the United States could legally marry and enjoy the same rights and protections as opposite-sex couples.
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Frequently asked questions
Yes, since June 26, 2015, same-sex marriage has been legal in all 50 states following the Supreme Court decision in Obergefell v. Hodges.
The case was about whether gay, transgender, and lesbian couples had the same rights as heterosexual couples under the Fourteenth Amendment. The Court ruled in favor of the plaintiffs, guaranteeing their fundamental right to marry.
Massachusetts was the first state to legalize same-sex marriage in 2004 following the Supreme Judicial Court's decision in Goodridge v. Department of Public Health.
