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Michelle Garate

Ms. Lawton

Political Science 001

4 October 2018

Obergefell v. Hodges

This case began with James Obergefell and John Arthur, who were together for 21 years.

In 2011, John Arthur was diagnosed with Lou Gehrig’s disease, also called ALS. After the

Defense of Marriage Act, which denied federal recognition of same-sex marriages and gave

states the right to refuse to recognize same-sex marriages licensed in other states, was

overturned, John and James wanted to get married as soon as possible before John passed away.

They flew from Ohio, a state that does not recognize same-sex marriage, to Maryland, which did

recognize same-sex marriage. After signing the paper work, they flew back home where John

died three months later.

Under Ohio state law, they did not recognize same-sex marriage and refused to put James

on Johns death certificate, in which he would not have a say in what happened to what they

owned together for 21 years. James Obergefell sewed the state under the claim that the states

actions violated the 14th Amendment and the Equal Protection Clause. The EPC means that the

government can not pass laws that discriminate certain groups of people and prohibit the ability

to have Life, Liberty, and Property. He felt that the law discriminated against LGBTQ couples.

The Local Registry agreed that it was unconstitutional and was then appealed. The District Court

then agreed and it was appealed for a second time. The Sixth Circuit Court of Appeals claimed it

was constitutional, so James appealed to the Supreme Court.

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On June 26, 2015, the Supreme Court in a 5-4 decision, gave the right to marry to same

sex couples with Justice Ginsburg, Kagan, Sotomayor, Kennedy, and Breyer in the majority

opinion and Justice Scalia, Thomas, Alito Jr., and Roberts Jr. with the minority vote.

I believe this case is very important because the government should not be able to

prohibit someone from getting married. The Defense of Marriage Act should have not been

passed to begin with because that definitely discriminates against a group. It is unjust to pass

laws with that amount of impact just because someone believes same-sex marriage is wrong

based on their beliefs. Equality was and still is something that their community is lacking, but

this helped take steps forward for a better future.

1. Do you believe someone’s political views has an impact on their opinion of this case?

What is another way the government should help protect the LGBTQ community?
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Works Cited

Graber, Mark A. "Obergefell V. Hodges." In American Governance, edited by Stephen

Schechter, Thomas S. Vontz, Thomas A. Birkland, Mark A. Graber, and John J. Patrick,

4-5. Vol. 4. Farmington Hills, MI: Macmillan Reference USA, 2016. Opposing

Viewpoints in Context (accessed October 4, 2018).

http://link.galegroup.com.ezp.pasadena.edu/apps/doc/CX3629100464/OVIC?u=pasa1987

1&sid=OVIC&xid=6231a5a6.

"Obergefell v. Hodges." Oyez. Accessed October 3, 2018. https://www.oyez.org/cases/2014/14-

556.