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Fourteenth Amendment

Debating Birthright Citizenship - Podcast

Federalism & Separation of Powers Practice Group Podcast
John C. Eastman, John C. Yoo September 11, 2015

The Citizenship Clause of the Fourteenth Amendment to the United States Constitution states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Does this clause make all persons born in the United States citizens of the United States?

  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law

Obergefell v. Hodges - Post-Decision SCOTUScast

SCOTUScast 6-26-15 featuring John Eastman and Ilya Shapiro
John C. Eastman, Ilya Shapiro June 26, 2015

On June 26, 2015, the Supreme Court decided Obergefell v. Hodges. This highly anticipated case concerned two questions. The first is whether states are required by the Fourteenth Amendment to grant marriage licenses to same-sex couples. The second question is whether states are required by the Fourteenth Amendment to recognize the marriages of same-sex couples who were lawfully married in a different state.

In a 5-4 opinion delivered by Justice Kennedy, the Supreme Court held that States are required by the Fourteenth Amendment to grant marriage licenses to same-sex couples. On the second question, the Supreme Court held that States are required by the Fourteenth Amendment to recognize the marriages of same-sex couples lawfully married out-of-state. 

Justices Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Chief Justice Roberts filed a dissenting opinion which Justices Scalia and Thomas joined. Justice Scalia filed a dissenting opinion, which Justice Thomas joined. Justice Thomas filed a dissenting opinion, which Justice Scalia joined. Justice Alito filed a dissenting opinion which Justices Scalia and Thomas joined. The judgment of the Sixth Circuit was reversed.

To discuss the case, we have John Eastman, who is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law and Ilya Shapiro, who is Senior Fellow in Constitutional Studies at the Cato Institute.

How could the Supreme Court affect marriage?

Short video debating the possible consequences of Obergefell v. Hodges.
Kyle Duncan, Ilya Somin June 25, 2015

Kyle Duncan of Duncan PLLC, an attorney in private practice who serves as Special Assistant Attorney General for Louisiana, and Ilya Somin, Professor of Law at George Mason University School of Law, discuss potential consequences of a ruling in Obergefell v. Hodges. This case considers whether or not the 14th Amendment requires that states allow same sex couples to marry, as well as whether or not the 14th Amendment requires states to recognize same sex marriages performed lawfully in other states.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Must the states recognize same sex marriages?

Short video explaining Obergefell v. Hodges
Kyle Duncan, Ilya Somin June 25, 2015

Kyle Duncan of Duncan PLLC, an attorney in private practice who serves as Special Assistant Attorney General for Louisiana, and Ilya Somin, Professor of Law at George Mason University School of Law, discuss Obergefell v. Hodges. This case considers whether or not the 14th Amendment requires that states allow same sex couples to marry, as well as whether or not the 14th Amendment requires states to recognize same sex marriages performed lawfully in other states.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Obergefell v. Hodges - Post-Argument SCOTUScast

SCOTUScast 4-28-15 featuring John Eastman
John C. Eastman April 28, 2015

On April 28, 2015, the Supreme Court heard oral argument in Obergefell v. Hodges. This highly anticipated case concerned two questions. The first, is whether states are required by the Fourteenth Amendment to grant marriage licenses to same-sex couples. The second question is whether states are required by the Fourteenth Amendment to recognize the marriages of same-sex couples who were lawfully married in a different state.

To discuss the case, we have John Eastman,  who is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law.