what did the supreme court say about gay marriage

what did the supreme court say about gay marriage

1 hour ago 2
Nature

Direct answer first: The Supreme Court’s landmark ruling on gay marriage is Obergefell v. Hodges (2015), which held that the Fourteenth Amendment requires states to license marriages between two people of the same sex and to recognize such marriages performed elsewhere. In short, same-sex marriage is a constitutional right nationwide, and bans or refusals by states are unconstitutional under due process and equal protection guarantees.

Context and key points

  • Decision and outcome: The Court, in a 5-4 decision authored by Justice Anthony Kennedy, invalidated state bans on same-sex marriage and required recognition of same-sex marriages across the United States. The ruling confirmed that marriage is a fundamental right protected by the Fourteenth Amendment.
  • Constitutional basis: The opinion reasoned that the liberty interest in marriage is central to individual dignity and autonomy, and that denying same-sex couples the right to marry demeans them by treating them as unworthy of equal protection under the law. It rejected justifications that relied on tradition or historical practice alone as sufficient to deny this right.
  • Subsequent impact: Obergefell established a nationwide standard, superseding state-level bans and creating a uniform framework for recognizing marriages performed in other jurisdictions. It also fits into a broader line of cases extending LGBTQ+ rights, building on precedents such as Lawrence v. Texas and Windsor v. United States.
  • Contemporary context: Since the decision, discussions have occasionally resurfaced about revisiting or overturning Obergefell, with high-profile petitions and public commentary, but as of the latest public reporting, Obergefell remains the controlling precedent supporting the constitutionality of same-sex marriage nationwide.

If you’d like, I can pull more detailed excerpts from the Obergefell opinion or summarize how it has been interpreted in subsequent lower court decisions and state practices.

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