27 Jun Ten Years After Obergefell – The US Supreme Court Case That Made Same-Sex Marriage Legal Under Federal Law
Ten years ago, the Supreme Court of the United States legalized same sex marriage under federal law in the landmark civil rights case, Obergefell v. Hodges. This case began when James Obergefell sued the state of Ohio for failing to recognize his marriage to his terminally ill partner, John Arthur. The state of Ohio, along with several other states, had statutes or amendments banning same sex marriage, while states such as Maryland, had already legalized same sex marriage, thus creating legal inconsistencies among states and debates surrounding who has the right to marry. The case quickly went to the Supreme Court and on June 26, 2015, in a 5-4 decision in favour of Obergefell, same sex marriage was legalized nationwide. In his opinion, Justice Kennedy stating, ‘the right to marry is a fundamental right inherent in the liberty of the person’. This monumental case effectively ensures same sex couples have the right to marriage afforded and protected by the Fourteenth Amendment of the United States Constitution.
Obergefell v. Hodges addresses several civil rights and legal issues, specifically for the LGBTQ+ community, but also impacted several areas of law, including US immigration law. Previously, same sex marriages were not afforded the same protections or benefits as an opposite sex marriage. This created many challenges and obstacles for US visa and nationality lawyers to advise those looking to move to the US, specifically with, visa applications, categories concerning spouses, marriage based green cards, dependent spouses of US work visas and benefits for same sex couples and their families. The outcome of Obergefell granted stability, consistency, and security for those moving to the United States.
As an immigration lawyer who was practicing prior to the Obergefell decision, it was a relief to no longer apologize on behalf of my country’s law. Although this relief has waned over the years. While same sex marriage was solidified into US federal law ten years ago, the ruling is being challenged. Several conservative lawmakers and organizations are pushing to have the ruling overturned on the basis that marriage should be regulated by the state (as noted in the dissents in Obergefell v. Hodges). In addition, there are growing concerns of the law being reconsidered due to the recent events regarding Roe v. Wade. The overturning of Obergefell and return to the outdated system would have detrimental consequences for American citizens and for multiple legal sectors that rely on consistent federal policy such as US immigration law. However, in 2022, the Respect for Marriage Act was passed by Congress, prohibiting states form denying ‘any right or claim relating to out of state marriage on the basis of sex, race, ethnicity, or national origin’, reaffirming the rights and protections brought forward by Obergefell.
Please see the links below for resources on the Obergefell decision:
This map shows the impact of Obergefell v. Hodges on same-sex marriage: NPR
This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.