Same-sex marriage and the rule of law

As we celebrate Pride Month in the United States, let’s take a look at how same-sex marriage became a constitutional right — thanks to a judicial decision that ignited an ongoing ideological debate.

Obergefell v. Hodges is a landmark 2015 U.S. Supreme Court decision that legalized same-sex marriage nationwide. The case was brought by James Obergefell and several same-sex couples who challenged state bans on same-sex marriage as unconstitutional. They argued that these bans violated the equal protection and due process clauses of the 14th Amendment to the U.S. Constitution.

In a 5–4 decision, the Supreme Court ruled that same-sex couples have a constitutional right to marry. Writing for the majority, Justice Anthony Kennedy called the right to marry a fundamental liberty guaranteed by the Constitution, adding that denying same-sex couples this right violated principles of equal protection and individual dignity. The court held that marriage is a fundamental right inherent to the liberty of the person — and that, under the Constitution, same-sex couples must be afforded the same rights and responsibilities as opposite-sex couples.

Obergefell’s impact was immediate and profound. It not only legalized same-sex marriage in all 50 states but also affirmed the dignity and equality of LGBTQ+ individuals under the law. The ruling recognized that denying marriage to same-sex couples stigmatized them and their families, depriving them of the legal protections and social recognition that marriage provides. And it extended benefits such as hospital visitation rights, inheritance, tax status, and parental rights to same-sex couples, solidifying these couples’ legal and social standing.

In terms of the rule of law, Obergefell v. Hodges reinforced the role of the judiciary in protecting minority rights, especially when those rights are denied by popular vote or legislative action. The decision affirmed the principle that constitutional rights aren’t subject to majority approval and must be upheld for all citizens. And it demonstrated how the Constitution can evolve to ensure justice and equality in a changing society.

While the ruling sparked controversy and an ongoing political and legal debate, its legacy remains clear: Obergefell expanded the scope of civil liberties and further established the judiciary's responsibility to uphold those liberties. It remains a powerful example of the role the Supreme Court can play in promoting equality, dignity, and justice under the rule of law.

Learn more:

Howard University School of Law  (opens in new browser window)

The United States Supreme Court   (opens in new browser window)

The National Constitution Center  (opens in new browser window)

Cornell Law School: Legal Information Institute   (opens in new browser window)

The Natural History Museum of Los Angeles County   (opens in new browser window)

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