In Obergefell v. Hodges , the United States Supreme Court ruled that marriage is a fundamental right guaranteed by the Fourteenth Amendment , and therefore must be afforded to same-sex couples. The ruling ensured that statewide bans on same-sex marriage could not be held up as constitutional. Obergefell v. Hodges started out as six separate lawsuits split between four states.
Supreme court justices fret over 'redefining' marriage as supporters wait in hope
Supreme Court to Hear Arguments on Gay Marriage Video - ABC News
J ust two years ago, the Supreme Court debated the constitutional implications of same-sex marriage. As it returned to the issue Tuesday, the underlying facts that it will take into consideration have changed substantially. When the court heard arguments on two cases in March of , gay marriage was still a live issue. Just 11 states recognized same-sex marriage, while a majority of Americans had only recently begun to tell pollsters that they approved. The trend toward acceptance has only solidified, reaching a record 61 percent of Americans in one recent poll. The justices themselves have personally mirrored this trend, with liberal Justices Ruth Bader Ginsburg and Elena Kagan officiating at gay weddings since the last decision.
Supreme Court Hears Gay Marriage Arguments: Reading the Signals
The Supreme Court in a decision struck down a key part of the federal Defense of Marriage Act and declared that same-sex couples who are legally married deserve equal rights under federal law to the benefits that go to all other married couples. The decision is a landmark win for the gay rights movement. It voids a section of the law known as DOMA, which was adopted with bipartisan support in Congress in to deny all benefits and recognition to same-sex couples. Justice Anthony Kennedy, speaking for the majority, said DOMA was unconstitutional because it violated the right to liberty and to equal protection for gay couples.
Constitution provides same-sex couples the right to marry, handing a historic triumph to the American gay rights movement. The court ruled that the Constitution's guarantees of due process and equal protection under the law mean that states cannot ban same-sex marriages. With the landmark ruling, gay marriage becomes legal in all 50 states.