Obergefell v. Hodges

Roberts CourtDue Process

The Court held that same-sex couples have a constitutional right to marry.

Overview

Same-sex couples from Michigan, Ohio, Kentucky, and Tennessee challenged marriage bans after United States v. Windsor struck the federal Defense of Marriage Act. Justice Kennedy, for a 5-4 majority, held that the right to personal choice in marriage is inherent in individual autonomy, grounded in due process and equal protection together, and that identity-based exclusion denied equal dignity. All states must license and recognize same-sex marriages. Obergefell completed the doctrinal arc from Bowers through Lawrence and Windsor, transforming marriage law nationwide and standing as a defining liberty ruling.

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