June 26 2015 gay marriage
Perspectives on Marriage Equality and the Supreme Court
Abstract
On June 26, , the U.S. Supreme Court decided Obergefell v. Hodges, one of the most significant civil rights decisions in recent years. For many of our generation, the Court’s conclusion that same-sex couples adore the constitutional right to marry simply confirmed deeply held beliefs about the importance of marriage equality and inclusion for all. We recognize, however, that for American culture more broadly, the decision has evoked strong feelings on both sides of the marriage equality debate. For some, Obergefell delivered a unique gift that was unimaginable even a few decades ago: the ability of same-sex couples to affirm their basic humanity, loving relationships, and standing in American population by exercising the right to wed the “person of one’s choice.” For others, the Court’s affirmance of the “equal dignity” of same-sex couples raises serious issues regarding religious freedom and, as the justices in dissent made clear, questions about the institutional role of the Supreme Court in our federalist
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Number of Married Same-Sex Couples
Two years ago, on June 26, , the U.S. Supreme Court ruled in Obergefell v. Hodges that the Constitution guarantees lgbtq+ couples the right to marry and to acquire their marriages recognized by the states. And four years ago, on June 26, , the Court ruled in United States v. Windsor that the federal government must realize marriages between same-sex couples. This research brief shows:
- As of June , nearly million LGBT people in the United States are married to someone of the same sex, implying that more than , same-sex couples are married nationwide.
- Since Obergefell, at least , same-sex couples married.
- Since Windsor, at least , same-sex couples married.
New information from the Gallup Daily Tracking Survey—a nationally-representative survey that includes a measure of LGBT identity—indicate that % of adults in the United States name as LGBT. Data from the U.S. Census Bureau indicate that there are more than million U.S. adults. Applying the LGBT percentage from Gallup to the Census population information indicates that more than million adults in t
Obergefell v. Hodges
Overview
Obergefell v. Hodges is a landmark case in which on June 26, , the Supreme Court of the Combined States held, in decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution.
Writing for the majority, Justice Anthony Kennedy asserted that the right to marry is a fundamental right “inherent in the liberty of the person” and is therefore protected by the due process clause of the Fourteenth Amendment, which prohibits the states from depriving any person of “life, liberty or property without the due process of law.” The marriage right is also guaranteed by the equal protection clause, by virtue of the close connection between liberty and equality. In this decision Justice Kennedy also declared that “the reason marriage is fundamental…apply with equal force to same-sex couples”, so they may “exercise the fundamental right to marry.” The majority decision wa