Marriage Equality USA

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Current Status


HISTORICAL PERSPECTIVE

  • In 2002, the OH Supreme Court ruled that a same-sex couple can adopt a last name they created for themselves, reversing a lower court's decision.
  • Constitutional ban on marriage equality from 2004 until 26 June 2015, per ballot measure State Issue 1.
  • On 6 November 2014, the 6th Circuit ruled reversing the lower court's ruling and upholding the state ban on marriage equality. See  and Henry v. Hodges.
  • 14 November 2014, in Henry v. Hodges and Obergefell v. Hodges (Ohio marriage cases) the plaintiffs filed a Joint Petition for Writ of Certiorari asking SCOTUS to reverse 6th Circuit decision. Lambda Legal/ACLU Press Release 
  • 13 November 2014, Supreme Court Justice Pfeifer, who has lesbian daughter, says ‘world view has changed’ ~ Justice says same-sex marriage language does not belong in Ohio Constitution - By Randy Ludlow, The Columbus Dispatch
  • 16 January 2015, the 6th Circuit Kentucky, Michigan, Ohio, and Tennessee marriage cases all were accepted by SCOTUS for review! Oral argument took place on 28 April 2015, a ruling expected was issued 26 June 2015. See Henry v. Hodges and Obergefell v. Hodges.
  • 26 June 2015, the Supreme Court of the United States issued their decision in Obergefell, the marriage case, ruling on the side of love and marriage! Majority opinion by Justice Kennedy, 5-4. Per @SCOTUSblog, the Court's opinion relies on the dual rationales of fundamental rights AND equal protection and seems to go out of its way not to state a standard of scrutiny. "...the majority opinion rejects the claim that marriage is about procreation, even while saying that protecting children of same-sex couples supports the Court's ruling: "This is not to say that the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State."

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