On June 26, 2015 the Supreme Court of the United States (SCOTUS) delivered their decisions on, Obergefell v. Hodges, an extremely controversial case regarding same-sex marriage. In a 5-4 decision, SCOTUS declared that marriage is a fundamental right under the United States Constitution, therefore same-sex marriage cannot be made illegal. The legal jargon and Supreme Court opinions can be hard to follow, so here is a little guide to help you understand what Obergefell v. Hodges means for U.S. citizens and the nation's future.
The Case.
Jim Obergefell, one of the plaintiffs represented in the case.
A group of same-sex couples combined their cases into one case to sue their respective states. There were couples from Ohio, Michigan, Kentucky, and Tennessee. Jim Obergefell was chosen to be the plaintiff to represent all of the couples. The Supreme Court decided to hear their case and answer two questions:
1. Are states required to grant legal marriage licenses to same-sex couples?--In other words, is it unlawful for a state to make same-sex marriage unlawful?
2. Do states have to legally recognize same-sex marriages that were legally licensed in a different state?
These two questions are important for same-sex couples because in states where same-sex marriage is not legal couples face legal difficulties. Under the same-sex marriage ban, same-sex couples faced unequal treatment by not being granted the same legal rights married couples experience.
Understanding The Majority Opinion.
The majority opinion was written by Justice Anthony Kennedy, and joined by Justice Sotomayor, Justice Kagan, Justice Ginsberg and Justice Breyer. Justice Kennedy has always been passionate about rights for same-sex couples, making this his fourth opinion written in favor of same-sex couples. In his opinion he stated that, "no union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice,and family." Essentially, Kennedy declared the right to marriage a fundamental right that cannot be denied to a person because it would be denying them of a basic right that is essential to life. This was the hardest part of Kennedy's job, convincing four other justices on the court that marriage should be a fundamental right. Not just any right can be declared fundamental, and Kennedy had to include an immense amount of evidence and precedent from previous cases to prove that marriage is an essential part of human life.
The easier part of Kennedy's job was explaining why this fundamental right should be legally protected in all states. Kennedy used the Fourteenth Amendment in order to explain why same-sex marriage is legally protected. Under the Due Process Clause of the Fourteenth Amendment states cannot deny citizens "life, liberty or property", unfairly or without proper legal procedures. In the opinion, Kennedy made it clear that marriage is an essential aspect of life and that bans on same-sex marriage were unfairly depriving same-sex couples from an important aspect of their life. This means that bans on same-sex marriage are unconstitutional, therefore the bans are invalid. Same-sex marriage has to be allowed because the Constitution of the United States protects the fundamental right.
Understanding The Dissenting Opinions.
Now the dissenting opinions are not nearly as easy to follow. There were four dissenting opinions written by Justice Roberts, Justice Scalia, Justice Thomas, and Justice Alito. This means that all four justices agree that same-sex marriage is not legally protected by the Constitution, but they do not agree on the reasons why same-sex marriage is not protected. Going into detail of why each dissented for their different reasons gets confusing. Some reasons are based off how they interpret the Constitution, while others have to do with what they consider to be a fundamental right. Regardless of their reasons, these four men do not believe the Constitution protects citizens' right to marriage.
What The Decision Means.
The decisions of the majority opinion means that regardless of what state you live in, same-sex marriage is legal. The state cannot deny citizens the right to marry their significant other. Legalizing same-sex marriage nationally has helped to end a battle fought for years by same-sex couples and they are finally being treated equally under the law. This ruling helps to end legal discrimination and is a huge step forward for human rights.