OBERGEFELL VS HODGES : CASE SUMMARY
The Supreme Court in Obergefell Vs Hodges (2015) has held that same-sex couples have right to marriage under Fourteenth Amendment of the Constitution.
FACTS OF THE CASE
In several states same-sex marriages were not recognized by law. Aggrieved by the same several aggrieved persons filed cases before District Courts claiming that they have right to marry under Fourteenth Amendment of the Constitution. Finally, some of these cases reached to the Supreme Court. Six of the cases were consolidated and heard by the Supreme Court.
OPINION OF THE COURT
The Supreme Court noted transcendental importance of marriage in history. The centrality of marriage to the human condition makes it unsurprising that the institution has existed for millennia and across civilizations. Since the dawn of history, marriage has transformed strangers into relatives, binding families and societies together. Confucius taught that marriage lies at the foundation of government. Cicero said that the first bond of society is marriage, next children and then the family. Marriage was thought as union between persons of the opposite sexes.
It was contended by the Respondents that it would demean a timeless institution if the concept and lawful status of marriage were extended to two persons of same sex.
The Petitioners acknowledged the importance of marriage and contend that they seek it for themselves because of their respect – and need- for its privileges and responsibilities.
The Supreme Court noted that history of marriage is one of both continuity and change. Marriage was once seen as an arrangement by couple’s parents based on financial, political and religious concerns. Later marriage was thought a voluntary contract between a man and woman. As woman got more equal rights doctrine of coverture was abandoned.
Similarly, rights of gays and lesbians have been gradually recognized. Homosexuality was treated as a crime as well as a mental disorder.
The Supreme Court noted that 14th Amendment provides that no State shall deprive any person of life, liberty or property without due process of law. In addition, these liberties extend to certain personal choices central to individual dignity and autonomy, including intimate choices that defines personal identities and choices.
The Court observed that the nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal structure, a claim of liberty must be addressed.
The Supreme Court observed that it has over the time has recognized that right to marry is fundamental under Due Process Clause. Four principles and traditions demonstrate that reasons marriage is fundamental under Constitution apply to same-sex couples. Firstly, right to personal choice regarding marriage is inherent in the concept of individual autonomy. Choices about marriage shape individual destiny. Two persons through marriage find other freedoms such as expression, intimacy and spirituality. It is true for every person whatever their sexual orientation. Secondly, right to marry is fundamental because it supports a two-person union unlike any other in its importance to the committed individuals. Thirdly, marriage safeguards children and families and thus draws meaning from related rights of childrearing, procreation and education. Marriage affords permanency and stability important to children’s best interest. Many same sex couples provide loving and nurturing homes to their children. Excluding same sex couples form marriage thus conflicts with a central premise of the right to marry. Fourthly, marriage is keystone of social order.
The Supreme Court concluded that right to marry is a fundamental right inherent in liberty of the person and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Couples of the same may not be deprived of that right and liberty. Same-sex couples may exercise fundamental right to marry.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.