- Ryan Anderon, The Heritage Foundation
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.
In a 5-4 decision, the Supreme Court today resolved the gay marriage case, ruling that 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.” Our experts discussed the case and the decision.
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.
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