Obergefell, et al vs Hodges

SCOTUS, N.14-556, June 26, 2015

Facts:
There are three couples involved in this case.
James Obergefell and John Arthur met, fell in love and started a life together. In 2011, Arthur was
diagnosed with amyotrophic lateral sclerosis, or ALS. Two years later, both resolved to marry each
other before Arthur died. To fulfill this, they travel from Ohio to Maryland where same sex marriage
was legal. It is hard for Arthur to move, so they were wed inside a plane as it remained in tarmac at
Baltimore. Three months later, Arthur died. Ohio law does not permit Obergefell to be listed as the
surviving spouse on Arthur’s death certificate. By statute, they must remain strangers even in death,
a state imposed separation.
April DeBoer and Jayne Rowse celebrated to honor their permanent relationship in 2007 at Michigan.
In 2009, they adopted a baby boy. Later the same year, they adopted another baby boy. The new boy
required around-the-clock care. The next year, a baby girl with special needs join the family. Michigan,
however, permits only opposite-sex married couples or single individuals to adopt, so each child can
have only one woman as his or her legal parent.
Ijpe DeKoe and Thomas Kostura fell in love. DeKoe is to be deployed in Afghanistan, so before
leaving, they got married in New York. When DeKoe returned to Tennessee where the couple settled,
however, their lawful marriage is stripped from them whenever they reside in Tennessee.
Issue:
Whether or not same-sex couples have the fundamental right to marry?
Held:
Yes, same sex couples have the fundamental right to marry.
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. Same-sex couples may exercise the fundamental right
to marry.