Obergefell V Hodges

''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 rulings were appealed to the Sixth Circuit. In November 2014, following a series of appeals court rulings that year from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by ''Baker v. Nelson'' and found such bans to be constitutional. This created a split between circuits and led to a Supreme Court review.

Decided on June 26, 2015, ''Obergefell'' overturned ''Baker'' and requires all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions. This established same-sex marriage throughout the United States and its territories. In a majority opinion authored by Justice Anthony Kennedy, the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since ''Baker''.

Lawsuits in the district courts

The U.S. Supreme Court case of ''Obergefell v. Hodges'' is not the culmination of one lawsuit. Ultimately, it is the consolidation of six lower-court cases, originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. Those cases came from Michigan, Ohio, Kentucky, and Tennessee. All six federal district court rulings found for the same-sex couples and other claimants.

Michigan case: ''DeBoer v. Snyder''

One case came from Michigan, involving a female couple and their three children. April DeBoer and Jayne Rowse held a commitment ceremony in February 2007. They were foster parents. A son was born on January 25, 2009, and adopted by Rowse in November. A daughter was born on February 1, 2010, and adopted by DeBoer in April 2011. A second son was born on November 9, 2009, and adopted by Rowse in October 2011. Michigan law allowed adoption only by single people or married couples. Consequently, on January 23, 2012, DeBoer and Rowse filed a lawsuit in the United States District Court for the Eastern District of Michigan (Southern Division, Detroit), ''DeBoer v. Snyder'', alleging Michigan's adoption law was unconstitutional. Richard Snyder, the lead defendant, was then governor of Michigan.

During a hearing on August 29, 2012, Judge Bernard A. Friedman expressed reservations regarding plaintiffs' cause of action, suggesting they amend their complaint to challenge the state's ban on same-sex marriage. The plaintiffs amended their complaint accordingly on September 7. During a hearing on March 7, 2013, Friedman decided to delay the case until the U.S. Supreme Court ruled in ''United States v. Windsor'' and '' Hollingsworth v. Perry'', hoping for guidance. On October 16, Friedman set trial for February 25, 2014. The trial ended March 7. On March 21, Friedman ruled for the plaintiffs, concluding that, "without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence. Having failed to establish such an interest in the context of same-sex marriage, the tate marriage bancannot stand."

Ohio cases

''Obergefell v. Kasich''

Two cases came from Ohio, the first ultimately involving a male couple, a widower, and a funeral director. In June 2013, following the U.S. Supreme Court's decision in ''United States v. Windsor'', James "Jim" Obergefell ( ) and John Arthur decided to marry to obtain legal recognition of their relationship. They married in Maryland on July 11. After learning that their state of residence, Ohio, would not recognize their marriage, they filed a lawsuit, ''Obergefell v. Kasich'', in the United States District Court for the Southern District of Ohio (Western Division, Cincinnati) on July 19, 2013, alleging that the state discriminates against same-sex couples who have married lawfully out-of-state. The lead defendant was Ohio Governor John Kasich. Because one partner, John Arthur, was terminally ill and suffering from amyotrophic lateral sclerosis (ALS), they wanted the Ohio Registrar to identify the other partner, James Obergefell, as his surviving spouse on his death certificate, based on their marriage in Maryland. The local Ohio Registrar agreed that discriminating against the same-sex married couple was unconstitutional, but the state attorney general's office announced plans to defend Ohio's same-sex marriage ban.

As the case progressed, on July 22, District Judge Timothy S. Black granted the couple's motion, temporarily restraining the Ohio Registrar from accepting any death certificate unless it recorded the deceased's status at death as "married" and his partner as "surviving spouse". Black wrote that " roughout Ohio's history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized", and noted that certain marriages between cousins or minors, while unlawful if performed in Ohio, are recognized by the state if lawful when solemnized in other jurisdictions. Ohio Attorney General Mike DeWine indicated he would not appeal the preliminary order. On August 13, Black extended the temporary restraining order until the end of December and scheduled oral arguments on injunctive relief, which is permanent, for December 18.

Meanwhile, on July 22, 2013, David Michener and William Herbert Ives married in Delaware. They had three adoptive children. On August 27, William Ives died unexpectedly in Cincinnati, Ohio. His remains were being held at a Cincinnati funeral home pending the issuance of a death certificate, required before cremation, the deceased's desired funeral rite. As surviving spouse David Michener's name could not by Ohio law appear on the death certificate, he sought legal remedy, being added as a plaintiff in the case on September 3.

As the newly amended case moved forward, on September 25, Black granted a September 19 motion by the plaintiffs to dismiss the governor and the state attorney general as defendants, and to add funeral director Robert Grunn to the lawsuit so that he could obtain clarification of his legal obligations under Ohio law when serving clients with same-sex spouses, such as his client James Obergefell. Ohio Health Department Director Theodore Wymyslo was substituted as the lead defendant, and the case was restyled ''Obergefell v. Wymyslo''. On October 22, plaintiff John Arthur died. The state defendants moved to dismiss the case as moot. Judge Black, in an order dated November 1, denied the motion to dismiss. On December 23, Judge Black ruled that Ohio's refusal to recognize same-sex marriages from other jurisdictions was discriminatory and ordered Ohio to recognize same-sex marriages from other jurisdictions on death certificates. He wrote, "When a state effectively terminates the marriage of a same-sex couple married in another jurisdiction, it intrudes into the realm of private marital, family, and intimate relations specifically protected by the Supreme Court."

''Henry v. Wymyslo''

The second case from Ohio involved four couples, a child, and an adoption agency. Georgia Nicole Yorksmith and Pamela Yorksmith married in California on October 14, 2008. They had a son in 2010 and were expecting another child. In 2011, Kelly Noe and Kelly McCraken married in Massachusetts. They were expecting a child. Joseph J. Vitale and Robert Talmas married in New York on September 20, 2011. In 2013, they sought the services of the adoption agency, Adoption S.T.A.R., finally adopting a son on January 17, 2014, the same day Brittani Henry and Brittni Rogers married in New York. They, too, were expecting a son. The three female couples were living in Ohio, each anticipating the birth of a child later in 2014. Vitale and Talmas were living in New York with their adopted son, Child Doe, born in Ohio in 2013 and also a plaintiff through his parents. On February 10, 2014, the four legally married couples filed a lawsuit, ''Henry v. Wymyslo'', also in the United States District Court for the Southern District of Ohio (Western Division, Cincinnati), to force the state to list both parents on their children's birth certificates. Adoption agency, Adoption S.T.A.R., sued due to the added and inadequate services Ohio law forced it to provide to same-sex parents adopting in the state. Theodore Wymyslo, the lead defendant, was then director of the Ohio Department of Health.

As the case moved forward, the plaintiffs amended their complaint to ask the court to declare Ohio's recognition ban on same-sex marriage unconstitutional. Judge Black gave the state time to prepare its appeal of his decision by announcing on April 4 that he would issue an order on April 14 requiring Ohio to recognize same-sex marriages from other jurisdictions. Following the resignation of the lead defendant, Ohio's director of health, Ted Wymyslo, for reasons unrelated to the case, Lance Himes became interim director, and the case was restyled ''Henry v. Himes''. On April 14, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions, and, on April 16, stayed enforcement of his ruling, except for the birth certificates sought by the plaintiffs.

Kentucky cases

''Bourke v. Beshear''

Two cases came from Kentucky, the first ultimately involving four same-sex couples and their six children. Gregory Bourke and Michael DeLeon married in Ontario, Canada, on March 29, 2004. They had two children: Plaintiff I.D., a fourteen-year-old girl, and Plaintiff I.D., a fifteen-year-old boy. Randell Johnson and Paul Campion married in California on July 3, 2008. They had four children: Plaintiffs T.J.-C. and T.J.-C., twin eighteen-year-old boys, Plaintiff D.J.-C., a fourteen-year-old boy, and Plaintiff M.J.-C., a ten-year-old girl. Jimmy Meade and Luther Barlowe married in Iowa on July 30, 2009. Kimberly Franklin and Tamera Boyd married in Connecticut on July 15, 2010. All resided in Kentucky. On July 26, 2013, Bourke and DeLeon, and their two children through them, filed a lawsuit, ''Bourke v. Beshear'', in the United States District Court for the Western District of Kentucky (Louisville Division), challenging Kentucky's bans on same-sex marriage and the recognition of same-sex marriages from other jurisdictions. Steve Beshear, the lead defendant, was then governor of Kentucky.

Subsequently, on August 16, the complaint was amended to bring Johnson and Campion, their four children through them, and Meade and Barlowe into the case, again challenging the state's bans on same-sex marriage and the recognition of same-sex marriages from other jurisdictions. On November 1, the complaint was amended again to bring Franklin and Boyd into the case, now challenging only Kentucky's ban on the recognition of same-sex marriages from other jurisdictions. Originally, the couple had filed their own lawsuit, ''Franklin v. Beshear'', with the United States District Court for the Eastern District of Kentucky, but a change of venue was ordered for convenience, with the intent formally to consolidate the case with ''Bourke''. Consolidation never occurred, and that separate case was dismissed for failure to raise new claims. On February 12, 2014, Judge John G. Heyburn II issued the court's decision: "In the end, the Court concludes that Kentucky's denial of recognition for valid same-sex marriages violates the United States Constitution's guarantee of equal protection under the law, even under the most deferential standard of review. Accordingly, Kentucky's statutes and constitutional amendment that mandate this denial are unconstitutional."

''Love v. Beshear''

The second case from Kentucky, ''Love v. Beshear'', involved two male couples. Maurice Blanchard and Dominique James held a religious marriage ceremony on June 3, 2006. Kentucky county clerks repeatedly refused them marriage licenses. Timothy Love and Lawrence Ysunza had been living together as a couple for thirty years when, on February 13, 2014, they were refused a marriage license at the Jefferson County Clerk's office. On February 14, the next day, the couples submitted a motion to join ''Bourke v. Beshear'', challenging the state's ban on same-sex marriage. The motion was granted on February 27, and the case was bifurcated, the instant action restyled as ''Love v. Beshear'', on February 28. On July 1, 2014, Judge Heyburn issued his ruling. He found "homosexual persons constitute a quasi-suspect class", and ordered that Kentucky's laws banning same-sex marriage "violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable." In the course of assessing the state's arguments for the bans, he stated, "These arguments are not those of serious people."

Tennessee case: ''Tanco v. Haslam''

One case came from Tennessee, involving four same-sex couples. Joy "Johno" Espejo and Matthew Mansell married in California on August 5, 2008. On September 25, 2009, they adopted two foster children. After Mansell's job was transferred to the state, they relocated to Franklin, Tennessee, in May 2012. Kellie Miller and Vanessa DeVillez married in New York on July 24, 2011, later moving to Tennessee. Army Reservist Sergeant First Class Ijpe DeKoe and Thomas Kostura married in New York on August 4, 2011. In May 2012, after completing a tour of duty in Afghanistan, Sergeant DeKoe was restationed in Memphis, Tennessee, where the couple subsequently relocated. On September 3, 2013, the Department of Defense began recognizing their marriage, but the state did not. Valeria Tanco and Sophia Jesty married in New York on September 9, 2011, then moved to Tennessee, where they were university professors. They were expecting their first child in 2014. On October 21, 2013, wishing to have their out-of-state marriages recognized in Tennessee, the four couples filed a lawsuit, '' Tanco v. Haslam'', in the United States District Court for the Middle District of Tennessee (Nashville Division). William Edwards Haslam, the lead defendant, was then governor of Tennessee.

As the case progressed, on November 19, 2013, the plaintiffs moved for a preliminary injunction enjoining the state from applying its marriage recognition ban against them. On March 10, 2014, plaintiff couple Kellie Miller and Vanessa DeVillez withdrew from the case. On March 14, Judge Aleta Arthur Trauger granted a preliminary injunction requiring the state to recognize the marriages of the three plaintiff couples. She wrote, "At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs' marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history." The state immediately filed a motion to stay this ruling, but, on March 20, Judge Trauger denied the request, reasoning that "the court's order does not open the floodgates for same-sex couples to marry in Tennessee ... ndapplies only to the three same-sex couples at issue in this case."

Reversal by the Sixth Circuit

The six decisions of the four federal district courts were appealed to the United States Court of Appeals for the Sixth Circuit. Ohio's director of health appealed ''Obergefell v. Wymyslo'' on January 16, 2014. The governor of Tennessee appealed ''Tanco v. Haslam'' on March 18. On March 21, the governor of Michigan appealed ''DeBoer v. Snyder''. The governor of Kentucky appealed ''Bourke v. Beshear'' and ''Love v. Beshear'' on March 18 and July 8, respectively. And on May 9 Ohio's director of health appealed ''Henry v. Himes''.

Subsequently, on May 20, the Sixth Circuit consolidated ''Obergefell v. Himes'' with ''Henry v. Himes'' for the purposes of briefing and oral argument. (On April 15, after Ohio's governor, John Kasich, appointed Lance Himes interim health director on February 21, ''Obergefell'' was restyled ''Obergefell v. Himes''.) Upon prior motion by the parties, the Sixth Circuit also consolidated ''Bourke v. Beshear'' and ''Love v. Beshear'' on July 16. On August 6, the three-judge panel consisting of Judges Jeffrey Sutton, Deborah L. Cook, and Martha Craig Daughtrey