Obergefell v. Hodges

Obergefell v. Hodges

Argued April 28, 2015
Full case name James Obergefell, et al., Petitioners v Richard Hodges, Director, Ohio Department of Health, et al.
Related cases Bourke v. Beshear, DeBoer v. Snyder, Tanco v. Haslam, Love v. Beshear.
Court membership
Laws applied
U.S. Const. amend. XIV

Obergefell v. Hodges (/ˈoʊbɜrɡʌfɛl/) is a landmark[1][2][3] federal lawsuit suing for the recognition by Ohio of same-sex marriage validly established in other jurisdictions. The U.S. Supreme Court has consolidated it with three other same-sex marriage cases, Tanco v. Haslam (Tennessee), DeBoer v. Snyder (Michigan), Bourke v. Beshear (Kentucky), that challenge either a state's refusal to recognize same-sex marriages from other jurisdictions or a state's refusal to license same-sex marriages, or both. The Court identifies the consolidated cases as Obergefell v. Hodges, and it has heard oral arguments on April 28, 2015.

This lawsuit was previously titled Obergefell v. Wymyslo, then Obergefell v. Himes.

Lawsuit

A Cincinnati, Ohio, same-sex couple filed a lawsuit, Obergefell v. Kasich, in the U.S. Southern District of Ohio on July 19, 2013, alleging that the state discriminates against same-sex couples who have married lawfully out-of-state. Because one partner, John Arthur, was terminally ill and suffering from amyotrophic lateral sclerosis (ALS), they wanted the Ohio Registrar to identify the other partner, James Obergefell, as his surviving spouse on his death certificate based on their July 11, 2013, Maryland marriage. The local Ohio Registrar agreed that discriminating against the same-sex married couple is unconstitutional, but the state Attorney General's office announced plans to defend Ohio's same-sex marriage ban.[4][5][6][7]

District Court decisions

On July 22, 2013, District Judge Timothy S. Black granted the couple's motion, temporarily restraining the Ohio Registrar from accepting any death certificate unless it recorded the deceased's status at death as "married" and his partner as "surviving spouse".[8] Black wrote that "[t]hroughout Ohio's history, Ohio law has been clear: a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized" and noted that certain marriages between cousins or minors, while unlawful if performed in Ohio, are recognized by the state if legal when solemnized in other jurisdictions.[9] Ohio Attorney General Mike DeWine indicated he would not appeal the preliminary order.[10]

On August 13, 2013, Black extended the temporary restraining order until the end of December and scheduled oral arguments on injunctive relief, which is permanent, for December 18.[11] On September 25, Black granted a motion by the plaintiffs to dismiss the governor and the state attorney general as defendants. The health department director was substituted as the lead defendant, and the case changed to Obergefell v. Wymyslo.[12] On October 22, plaintiff John Arthur died. The state defendants moved to dismiss the case as moot. Judge Black, in an order dated November 1, denied the motion to dismiss.[13] On December 23, 2013, Judge Black ruled that Ohio's refusal to recognize same-sex marriages from other jurisdictions was discriminatory and ordered Ohio to recognize same-sex marriages from other jurisdictions on death certificates. He wrote: "When a state effectively terminates the marriage of a same-sex couple married in another jurisdiction, it intrudes into the realm of private marital, family, and intimate relations specifically protected by the Supreme Court".[14][15]

A second case, Henry v. Wymyslo, was progressing before Judge Black at the same time as Obergefell. On February 10, 2014, in Henry v. Wymyslo, four same-sex couples legally married in other states sued to force the state to list both parents on their children's birth certificates. Three of the couples were women living in Ohio, each anticipating the birth of a child later in 2014. The fourth was a male couple living in New York with their adopted son who was born in Ohio in 2013.[16] While this lawsuit was pending, the plaintiffs amended their complaint to ask the court to declare Ohio's ban on same-sex marriage unconstitutional. Judge Black gave the state time to prepare its appeal of his decision by announcing on April 4 that he would issue an order on April 14 requiring Ohio to recognize same-sex marriages from other jurisdictions.[17][18] Following the resignation of the lead defendant, Ohio's director of health, Ted Wymyslo, for reasons unrelated to the case, Lance Himes became interim director and the case was restyled Henry v. Himes.[19] On April 14, Black ruled that Ohio must recognize same-sex marriages from other jurisdictions,[20] and on April 16 stayed enforcement of his ruling except for the birth certificates sought by the plaintiffs.[21]

Reversal by the Sixth Circuit

DeWine appealed Obergefell to the Sixth Circuit Court of Appeals. On February 14, the plaintiffs asked the Sixth Circuit to set an expedited schedule for briefing and argument as the Ninth and Tenth Circuits had done in similar cases, and the Sixth Circuit did so, with the case restyled Obergefell v. Himes with Ohio's new, interim health director as lead-named appellant.[22][23] On May 20, the Sixth Circuit consolidated this case with Henry v. Himes for the purpose of briefing and oral argument. The Sixth Circuit heard oral arguments on August 6.

On November 6, 2014, the Sixth Circuit ruled 2–1 that Ohio's ban on same-sex marriage does not violate the U.S. Constitution. It said it was bound by the U.S. Supreme Court's 1972 action in a similar case, Baker v. Nelson, which dismissed a same-sex couple's marriage claim "for want of a substantial federal question". Writing for the majority, Judge Jeffrey Sutton also dismissed the arguments made on behalf of same-sex couples in this case: "Not one of the plaintiffs' theories, however, makes the case for constitutionalizing the definition of marriage and for removing the issue from the place it has been since the founding: in the hands of state voters."

Dissenting, Judge Martha Craig Daughtrey wrote: "Because the correct result is so obvious, one is tempted to speculate that the majority has purposefully taken the contrary position to create the circuit split regarding the legality of same-sex marriage that could prompt a grant of certiorari by the Supreme Court and an end to the uncertainty of status and the interstate chaos that the current discrepancy in state laws threatens."[24]

U.S. Supreme Court

Petition for certiorari

On November 14, 2014, the same-sex couples filed an application for certiorari with the U.S. Supreme Court.[25] They asked the court to consider whether Ohio's refusal to recognize marriage from other jurisdictions violates the Fourteenth Amendment's guarantees of due process and equal protection, and whether the state's refusal to recognize the adoption judgment of another state violates the U.S. Constitution's Full Faith and Credit clause.[26]

Merits briefs

On January 16, 2015, the U.S. Supreme Court consolidated this case with three others and agreed to review the case. It set a briefing schedule to be completed April 17.[27] The other cases are from Michigan, Kentucky, and Tennessee. The court presented the following questions:[28]

  1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
  2. Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

The court also told the parties to the four cases to address only the questions raised in their particular case. Obergefell raises only the second question, the recognition of same-sex marriages from other jurisdictions.[28]

Oral arguments

Oral arguments were heard on April 28, 2015.[29][30] The plaintiffs were represented by civil rights lawyer Mary Bonauto, attorney Douglas Hallward-Driemeier, and U.S. Solicitor General Don Verrilli, and the states were represented by former Michigan Solicitor General John J. Bursch and Joseph R. Whalen, an associate solicitor general from Tennessee.[31] Of the nine justices, eight made comments and asked questions, giving clues as to their position on the Constitution in general and the future of marriage in particular.[32] While the questions and comments of the justices during oral arguments are an imperfect indicator of their final decisions,[33] the justices appeared sharply divided on their approaches to this issue, splitting as they often do along ideological lines, with Justice Anthony Kennedy being pivotal, and possibly also Chief Justice John Roberts.[34][35][36] A decision is expected in June.[37]

See also

References

  1. ↑ "A Landmark Gay Marriage Case at the Supreme Court". The New York Times (Editorial Opinion). April 28, 2015.
  2. ↑ Ortiz, Erik (April 26, 2015). "Supreme Court Gay Marriage Debate Puts Ohio Man Jim Obergefell in Center". NBC News.
  3. ↑ Robert Barnes and Fred Barbash (April 28, 2015). "Supreme Court hears arguments in historic gay-marriage case". The Washington Post.
  4. ↑ Hastings, Deborah (July 15, 2013). "Terminally ill Ohio gay man gets dying wish, marries partner after being flown to another state". New York Daily News. Retrieved July 21, 2013.
  5. ↑ "Cincinnati lawsuit challenges Ohio's same-sex marriage ban". WVXU. July 19, 2013. Retrieved July 21, 2013.
  6. ↑ Zimmerman, Julie (July 14, 2013). "To get married, they left Ohio". The Cincinnati Enquirer.
  7. ↑ Geidner, Chris (March 22, 2015). "Two Years After His Husband’s Death, Jim Obergefell Is Still Fighting For The Right To Be Married". BuzzFeed News.
  8. ↑ "Ohio Officials Ordered To Recognize Gay Couple's Marriage". Buzzfeed. July 22, 2013. Retrieved July 22, 2013.
  9. ↑ "Order Granting Plaintiffs' Motion for a Temporary Restraining Order" (PDF). Obergefell v. Kasich, Docket 1:13-cv-00501-TSB, U.S. So. Dist. Ohio (2013). July 22, 2013.
  10. ↑ Geidner, Chris (July 25, 2013). "Ohio Attorney General Has No Plans To Appeal Temporary Restraining Order In Gay Couple’s Case". BuzzFeed. Retrieved July 26, 2013.
  11. ↑ "Gay Ohio Couple Win Extension Recognizing Marriage". Edge Boston. August 13, 2013.
  12. ↑ "Ohio Gay Marriage Lawsuit Seeking Death Certificate Recognition To Include Similarly Situated Couples". Huffington Post. September 25, 2013.
  13. ↑ Order Denying the Motion to Dismiss (PDF). Obergefell v. Wymyslo, 1:2013-cv-00501-TSB, U.S. So. Dist. Ohio (2013).
  14. ↑ Bzdek, Vincent; Sewell, Dan (December 23, 2013). "Ohio's ban on gay marriage ruled unconstitutional in limited case". Washington Post. Retrieved January 17, 2014.
  15. ↑ "Declaratory Judgment and Permanent Injunction, December 23, 2013". Google Scholar. Retrieved October 6, 2014.
  16. ↑ Myers, Amanda Lee (February 10, 2014). "Couples Sue to Force Ohio's Hand on Gay Marriage". ABC News. Retrieved February 11, 2014.
  17. ↑ The Associated Press (April 4, 2014). "Judge to strike down Ohio ban on recognizing gay marriage". USA Today. Retrieved April 4, 2014.
  18. ↑ Memmott, Mark (April 4, 2014). "Federal Judge Says He'll Strike Down Ohio's Same-Sex Marriage Ban". National Public Radio (NPR). Retrieved April 4, 2014.
  19. ↑ Vardon, Joe (February 5, 2014). "Department of Health director leaving Kasich administration". The Columbus Dispatch. Retrieved April 12, 2014.
  20. ↑ Myers, Amanda Lee (April 14, 2014). "Judge: Ohio must recognize other states' gay marriages". USA Today. Retrieved April 14, 2014.
  21. ↑ Snow, Justin (April 16, 2014). "Federal judge grants partial stay in Ohio marriage-ban ruling". Metro Weekly. Retrieved April 16, 2014.
  22. ↑ Motion to Expedite, February 14, 2014, accessed February 20, 2014
  23. ↑ Coontz, Bridget (Counsel of Record) (April 10, 2014). "Brief of Appellant Lance D. Himes, Interim Director of the Ohio Department of Health, Obergefell v. Himes". U.S. Court of Appeals for the Sixth District, Case No. 14-3057. Retrieved April 12, 2014.
  24. ↑ Geidner, Chris (November 6, 2014). "Federal Appeals Court Upholds Four States’ Same-Sex Marriage Bans". BuzzFeed News. Retrieved November 6, 2014.
  25. ↑ Snow, Justin (November 14, 2014). "Same-sex marriage back before the Supreme Court". Metro Weekly.
  26. ↑ "Ohio Plaintiffs' Supreme Court Cert Petition". Scribd.com. November 14, 2014.
  27. ↑ Geidner, Chris (January 16, 2015). "Supreme Court Will Hear Four Cases Challenging Same-Sex Marriage Bans". BuzzFeed News. Retrieved January 16, 2015.
  28. ↑ 28.0 28.1 Denniston, Lyle (January 16, 2015). "Court will rule on same-sex marriage". U.S. Supreme Court. Retrieved January 16, 2015.
  29. ↑ Singh, Tejinder (April 28, 2015). "“Super-cuts” from same-sex marriage arguments". SCOTUSblog.
  30. ↑ Gerstein, Josh (April 28, 2015). "The 8 most awkward moments in the Supreme Court’s gay-marriage arguments". Politico.
  31. ↑ Walsh, Mark (April 28, 2015). "A view from the Courtroom, Same-Sex Marriage Edition". SCOTUSblog.
  32. ↑ Rosen, Jeffrey (April 29, 2015). "The Supreme Court gay marriage arguments: What the justices revealed — quote by quote". Yahoo! News.
  33. ↑ Johnson, Kevin (February 24, 2015). "Argument analysis: Review of consular visa decisions for the twenty-first century". SCOTUSblog.
  34. ↑ Liptak, Adam (April 28, 2015). "Gay Marriage Arguments Divide Supreme Court Justices". The New York Times.
  35. ↑ Hurley, Lawrence (Apr 28, 2015). "U.S. top court divided on gay marriage, Kennedy appears pivotal". Reuters.
  36. ↑ Ariane de Vogue, Pamela Brown and Jeremy Diamond (April 28, 2015). "Supreme Court justices skeptical of redefining marriage". CNN.
  37. ↑ Howe, Amy (April 28, 2015). "No clear answers on same-sex marriage: In Plain English". SCOTUSblog.

External links