Obergefell V Hodges Timeline. James Obergefell and John Arthur, a same-sex couple alleging that the state discriminates against same-sex couples who have married lawfully out-of-state. Arthur, who was terminally ill and suffering from amyotrophic lateral sclerosis (ALS), sought to identify Obergefell as his surviving spouse on his.
It held that laws making same-sex marriage illegal violated both the Due Process Clause and the Equal Protection Clause of the. In its decision, the five-Justice majority, despite it being outside their mandate. Nelson and required for all states to issue marriage licenses to same-sex couples.
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Hodges: Same-Sex Marriage Legalized. number of rights as fundamental, including the right to have In Obergefell, the Court considered whether the Fourteenth Amendment's substantive due process guarantees require states to issue marriage.
Description: This was the court case that legalized gay marriage, The right to marry who you want has been a right to everyone even though people did not let us as American citizens do so. Consequently, same-sex marriage bans have been struck down as unconstitutional and same-sex. Obergefell v Hodges is the Supreme Court case where it was ruled that the fundamental right to marry is guaranteed to same sex couples by both the Due Process Clause and the Equal Protection Clause.