Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
American History
Related: About this forumOn this day, June 26, 2015, the Supreme Court handed down its decision in Obergefell v. Hodges.
June 26 is sort of an unofficial Pride Day at the Supreme Court.
https://en.wikipedia.org/wiki/June_26
2003 The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
2013 The U.S. Supreme Court ruled, 54, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
2015 The U.S. Supreme Court ruled, 54, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
2003 The U.S. Supreme Court rules in Lawrence v. Texas that gender-based sodomy laws are unconstitutional.
2013 The U.S. Supreme Court ruled, 54, that Section 3 of the Defense of Marriage Act is unconstitutional and in violation of the Fifth Amendment to the United States Constitution.
2015 The U.S. Supreme Court ruled, 54, that same-sex couples have a constitutional right to marriage under the 14th Amendment to the United States Constitution.
Not only that, but on June 26, 1969, patrons of Greenwich Village's Stonewall Inn were losing their patience.
Back to Obergefell.
Mon Jun 26, 2023: New York Times on news of today 2015:
New York Times on news of today 2015:
Link to tweet
Sat Jul 1, 2023: Obergefell v. Hodges
Obergefell v. Hodges
Case opinions
Majority: Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
Dissent: Roberts, joined by Scalia, Thomas
Dissent: Scalia, joined by Thomas
Dissent: Thomas, joined by Scalia
Dissent: Alito, joined by Scalia, Thomas
Laws applied: U.S. Const. amend. XIV
This case overturned a previous ruling or rulings:
Baker v. Nelson (1971)
Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark case of the Supreme Court of the United States which 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 54 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.
{snip}
Opinion of the Court
On the morning of June 26, 2015, outside the Supreme
Court, the crowd celebrates the Court's decision.
On June 26, 2015, the U.S. Supreme Court held in a 54 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overruled its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent.
The Obergefell v. Hodges decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition to same-sex marriages, as being unconstitutional. It also came on the twelfth anniversary of Lawrence v. Texas, which struck down sodomy laws in 13 states. The Obergefell decision was issued on the second-to-last decision day of the Court's term; and, as late as 9:59 on the morning of the decision, same sex couples were unable to marry in many states.[111]
The justices' opinions in Obergefell are consistent with their opinions in Windsor which rejected DOMA's recognition of only opposite-sex marriages for certain purposes under federal law. In both cases, Justice Kennedy authored the majority opinions and was considered the "swing vote".
Chief Justice Roberts and Justices Scalia, Thomas, and Alito each wrote a separate dissenting opinion. The Chief Justice read part of his dissenting opinion from the bench, his first time doing so since joining the Court in 2005.
{snip}
Case opinions
Majority: Kennedy, joined by Ginsburg, Breyer, Sotomayor, Kagan
Dissent: Roberts, joined by Scalia, Thomas
Dissent: Scalia, joined by Thomas
Dissent: Thomas, joined by Scalia
Dissent: Alito, joined by Scalia, Thomas
Laws applied: U.S. Const. amend. XIV
This case overturned a previous ruling or rulings:
Baker v. Nelson (1971)
Obergefell v. Hodges, 576 U.S. 644 (2015) (/ˈoʊbərɡəfɛl/ OH-bər-gə-fel), is a landmark case of the Supreme Court of the United States which 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 54 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.
{snip}
Opinion of the Court
On the morning of June 26, 2015, outside the Supreme
Court, the crowd celebrates the Court's decision.
On June 26, 2015, the U.S. Supreme Court held in a 54 decision that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. The Court overruled its prior decision in Baker v. Nelson, which the Sixth Circuit had invoked as precedent.
The Obergefell v. Hodges decision came on the second anniversary of the United States v. Windsor ruling that struck down Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition to same-sex marriages, as being unconstitutional. It also came on the twelfth anniversary of Lawrence v. Texas, which struck down sodomy laws in 13 states. The Obergefell decision was issued on the second-to-last decision day of the Court's term; and, as late as 9:59 on the morning of the decision, same sex couples were unable to marry in many states.[111]
The justices' opinions in Obergefell are consistent with their opinions in Windsor which rejected DOMA's recognition of only opposite-sex marriages for certain purposes under federal law. In both cases, Justice Kennedy authored the majority opinions and was considered the "swing vote".
Chief Justice Roberts and Justices Scalia, Thomas, and Alito each wrote a separate dissenting opinion. The Chief Justice read part of his dissenting opinion from the bench, his first time doing so since joining the Court in 2005.
{snip}
Wed Jun 26, 2024: On this day, June 26, 2003, the Supreme Court handed down its decision in Lawrence v. Texas.
Mon Jun 26, 2023: On this day, June 26, 2003, Lawrence v. Texas, reaffirming a right to privacy, was decided.
Sun Jun 26, 2022: On this day, June 26, 2003, Lawrence v. Texas was decided.
Sat Jun 26, 2021: On this day, June 26, 2003, Lawrence v. Texas was decided.
Fri Jun 26, 2020: On this day, June 26, at SCOTUS: Lawrence v. Texas, United States v. Windsor, Obergefell v. Hodges
Wed Jun 26, 2019: June 26, Equal Rights Day at SCOTUS: Lawrence (2003), Windsor and Perry (2013), Obergefell (2015)
Fri Jun 26, 2015: UPDATED: Marriage Equality Granted 5 to 4
Wed Jun 26, 2013: BREAKING: Supreme Court Says DOMA Is Unconstitutional
For more articles, see DU's archives:
https://www.democraticunderground.com/?com=archives&date=2015x6x26
https://www.democraticunderground.com/?com=archives&date=2013x6x26
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
1 replies, 281 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (1)
ReplyReply to this post
1 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
On this day, June 26, 2015, the Supreme Court handed down its decision in Obergefell v. Hodges. (Original Post)
mahatmakanejeeves
Jun 2024
OP
Frasier Balzov
(3,453 posts)1. SCOTUS majority wants to send this back to the states.