October 17, 2021

Volume XI, Number 290

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October 15, 2021

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October 14, 2021

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U.S. Supreme Court Invalidates State Same-Sex Marriage Bans

In a 5-4 decision on Friday, June 26th, 2015, the United States Supreme Court held that the Fourteenth Amendment requires a state to license marriages between people of the same sex as well as recognize valid marriages between people of the same sex performed out of the state. Justice Anthony Kennedy, writing for the majority, invoked prior court precedence in marriage jurisprudence and constitutional protections, stating, "[T]he right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty."

Each dissenting justice filed a separate dissenting opinion. Chief Justice John Roberts read his opinion from the bench, and although he disagreed with the majority's holding, he urged the victors to celebrate the outcome.

The case directly invalidated same-sex marriage bans in Michigan, Ohio, Tennessee and Kentucky, although the holding effectively bars such bans nationwide. The case is Obergefell v. Hodges.

© 2021 by McBrayer, McGinnis, Leslie & Kirkland, PLLC. All rights reserved.National Law Review, Volume V, Number 181
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