Obergefell v. Hodges [2015]
576 U.S. 644 · Supreme Court of the United States · United States
Issue
Whether the Fourteenth Amendment requires states to license a marriage between two people of the same sex and to recognize such marriages lawfully performed out of state.
Held
Yes; the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses, same-sex couples may exercise that right.
Exam use
Summary
Whether the Fourteenth Amendment requires states to license a marriage between two people of the same sex and to recognize such marriages lawfully performed out of state.
Facts
Issue
Whether the Fourteenth Amendment requires states to license a marriage between two people of the same sex and to recognize such marriages lawfully performed out of state.
Held
Yes; the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses, same-sex couples may exercise that right.
Ratio Decidendi
The fundamental right to marry applies to all couples, regardless of sex, and states must recognize lawful same-sex marriages performed in other states.
Reasoning
Essay-Ready Explanation Generator
Version 1 of 4
Reference to Obergefell v. Hodges (576 U.S. 644) strengthens a Transnational Law answer because the case reflects the principle that The fundamental right to marry applies to all couples, regardless of sex, and states must recognize lawful same-sex marriages performed in other states. Applied to a problem question, the case should be used after identifying the issue as Whether the Fourteenth Amendment requires states to license a marriage between two people of the same sex and to recognize such marriages lawfully performed out of state. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- transnational-law
- Transnational Law
- Same-sex marriage; fundamental rights under 14th Amendment
- case authority
- exam application
Significance
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Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.