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Obergefell
''Obergefell v. Hodges'', ( ), is a landmark LGBT rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all fifty states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with all the accompanying rights and responsibilities. Prior to ''Obergefell'', same-sex marriage had already been established by statute, court ruling, or voter initiative in thirty-six states, the District of Columbia, and Guam. Between January 2012 and February 2014, plaintiffs in Michigan, Ohio, Kentucky, and Tennessee filed federal district court cases that culminated in ''Obergefell v. Hodges''. After all district courts ruled for the plaintiffs, the rul ...
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Jim Obergefell
Jim Obergefell ( ; born 1966"Jim Obergefell." In ''Contemporary Authors Online''. Detroit, MI: Gale, 2017. ''Gale In Context: Biography'' (accessed September 11, 2019). https://link.gale.com/apps/doc/H1000322825/BIC?u=athe67392&sid=BIC&xid=72c64b3b.) is an American civil rights activist who was the lead plaintiff in the 2015 U.S. Supreme Court case ''Obergefell v. Hodges'', which legalized same-sex marriage throughout the United States. Obergefell had sued the state of Ohio in 2013, due to that state's lack of legal recognition of Obergefell's marriage to his husband, John Arthur. Obergefell was the Democratic nominee for the 89th legislative district of the Ohio House of Representatives in the 2022 elections. Early life Obergefell graduated from Sandusky High School in 1984 and went on to attend the University of Cincinnati, where he earned a degree in secondary education and German."Jim Obergefell." In ''Gale Biography Online Collection''. Detroit, MI: Gale, 2015. ''Gale In C ...
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LGBT Rights In The United States
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States are among the most socially, culturally, and legally permissive and advanced in the world, with public opinion and jurisprudence on the issue changing significantly since the late 1980s. In 1962, all 50 states criminalized same-sex sexual activity, but by 2003 all remaining laws against same-sex sexual activity were invalidated in Lawrence v. Texas. Beginning with Massachusetts in 2004, LGBT Americans had won the right to marry in all 50 states by 2015. Additionally, in many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT rights in the United States have been established by the United States Supreme Court, which has invalidated a state law banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, ma ...
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Richard Hodges (American Politician)
Richard A. Hodges (born October 12, 1963) is an American politician who served as Director of the Ohio Department of Health from August 2014 to 2017. He is a former member of the Ohio House of Representatives, serving from 1993 to 1999. He is most known for being the titular defendant in the landmark civil rights case ''Obergefell v. Hodges'', which he lost, resulting in the legalization of same-sex marriage everywhere in the United States. After resigning his post in 2017, he became an outspoken supporter of LGBT rights and has become friends with his legal opponent, Jim Obergefell. Life and career Hodges graduated from Archbold High School in Archbold, Ohio and received his Bachelor of Arts with Honors in Government from Oberlin College, Oberlin, Ohio. He later earned his Masters in Public Administration from the University of Toledo. Hodges was appointed County Treasurer of Fulton County, Ohio in 1987 and was elected to a full term in 1988. In 1992 he successfully ran for ...
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Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same Legal sex and gender, sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Same-sex marriage in Mexico, Mexico, constituting some 1.35 billion people (17% of the world's population). In Same-sex marriage in Andorra, Andorra, a law allowing same-sex marriage will come into force on 17 February 2023. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Same-sex Couples
A same-sex relationship is a Romance (love), romantic or Human sexuality, sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not. The term ''same-sex relationship'' is not strictly related to the sexual orientation of the participants. As people of any orientation may participate in same-sex relationships (particularly depending on the legal, social and scientific definition of sex), some activists argue that referring to a same-sex relationship as a "gay relationship" or a "lesbian relationship" is a form of bisexual erasure. In history The lives of many historical figures, including Socrates, Alexander the Great, George Gordon Byron, 6th Baron Byron, Lord Byron, Edward II of England, Edward II, Hadrian, Julius Caesar, Michelangelo, Donatello, Leonardo da Vinci, Oscar Wilde, Vita Sackville-West, Alfon ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Same-sex Marriage In The Sixth Circuit
On April 28, 2015, the Supreme Court of the United States heard oral arguments for ''Obergefell v. Hodges'' (Ohio), which was consolidated with three other same-sex marriage cases from the other states in the Sixth Circuit: '' Tanco v. Haslam'' (Tennessee), ''DeBoer v. Snyder'' (Michigan), ''Bourke v. Beshear'' (Kentucky). On June 26, 2015 the Supreme Court reversed the Sixth Circuit's decision, paving the way for same-sex marriage to become legal in those states, and setting a precedent for the entire nation. All four states complied with the ruling the same day it was issued before the mandate was actually issued. Every state in the circuit had a district court ruling against their states' ban, but they were eventually stayed pending appeal. The Sixth Circuit consists of Kentucky, Michigan, Ohio, and Tennessee. On August 6, 2014, the Sixth Circuit heard oral arguments for same-sex marriage cases from each state within the circuit. On November 6, 2014, the Sixth Circuit in a spli ...
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Same-sex Marriage In Guam
Same-sex marriage in Guam has been legal since June 9, 2015 in accordance with a ruling from the District Court of Guam on June 5 that the territory's prohibition of same-sex marriage was unconstitutional. Guam was the first overseas territory of the United States to recognize same-sex marriage. On August 27, 2015, the ''Guam Marriage Equality Act of 2015'' passed by the Guam Legislature came into effect, officially incorporating the federal court ruling into statutory law. Marriage statutes The ''Guam Organic Act of 1950'', an Act of the United States Congress, does not address the question of marriage. Since August 2015, Guam's marriage statutes have recognised the marriages of same-sex couples. Previously, a 1994 law specifying the responsibilities of the Guam Department of Public Health and Social Services defined marriage as the union of a man and a woman. That law, which contained a prohibition on marriage "between uncles and nieces or aunts and nephews", arguably showed Gu ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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Same-sex Marriage By Circuit Court
Prior to the landmark ruling ''United States v. Windsor'', the constitutionality of banning same-sex marriage was upheld by the Eighth Circuit in ''Citizens for Equal Protection v. Bruning''. After the ''Windsor'' ruling, many same-sex marriage bans were struck down by lower courts. The Tenth, Fourth, Seventh, and Ninth circuits all ruled that same-sex marriage bans were unconstitutional. The cases that made it to these circuit courts originated in district courts, which for the most part, also struck down same-sex marriage bans. When a circuit court struck down a state's same-sex marriage ban, it did not directly or immediately strike down same-sex marriage bans in other states within the circuit court’s jurisdiction. However, it paved the way for same-sex marriage bans to be struck down in the entire circuit, due to the precedent it set for district courts within the circuit to follow. In some states, same-sex marriage was already legal before their federal circuit court rul ...
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Same-sex Marriage In The Tenth Circuit
On June 25, 2014, the Tenth Circuit Court of Appeals upheld a ruling striking down Utah's same-sex marriage ban, setting a precedent in other states under the Tenth Circuit's jurisdiction. In addition, on July 18, 2014, the same panel of the Tenth Circuit invalidated Oklahoma's ban as well. Both Circuit Court rulings were stayed pending certiorari review from the Supreme Court of the United States. The Tenth Circuit consists of Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming. New Mexico is the only state in the circuit where same-sex marriage was legal prior to the decisions. Utah is the only state in the circuit where same-sex marriage was temporarily legal after its ban was struck down. A ruling requiring the state of Utah to recognize same-sex marriages performed within the state was temporarily stayed and was originally set to expire on July 21, 2014, at 8:00 a.m. The Supreme Court of the United States extended the stay on July 18, 2014. A federal judge str ...
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