Obergefell v. Hodges Archives

Obergefell v. Hodges

June 27, 2015

In Obergefell v. Hodges, No. 14-556, the U.S. Supreme Court held that

… the 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. The Court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them. … and the State laws challenged by Petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite sex couples.

The Court divided 5-4 along the

Jim Obergefell, Obergefell v. Hodges, same sex marriage, U.S. Supreme Court

Law

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U.S. Supreme Court – What’s Left?

On June 15 the U.S. Supreme Court issued decisions in Baker Botts L.L.P. v. ASARCO, No. 14-103, Reyes Mata v. Lynch, No. 14-185, and Kerry v. Din, No. 13-1402. The cases dealt, respectively, with: (1) a law firm’s right to get fees from a reorganized debtor for work associated with defending a fee application (No Go); (2) a procedural issue in immigration law; and (3) a woman’s liberty interest in having her “civil servant in the Taliban regime” Afghani husband get priority immigrant status. “No go” on the last one, too, and Justice Scalia—writing for himself, the Chief Justice, and Justice Thomas—beat up on the dissent. (Justices Kennedy and Alito concurred, but did not agree with Justice