Same-Sex Marriage Becomes Legal | Obergefell v. Hodges


Mr. Beat presents Supreme Court Briefs Cincinnati, Ohio June 26, 2013 Jim Obergefell reads a news story online about the Supreme Court decision in a case known as United States v. Windsor. In that case, the Court decided that part of the Defense of Marriage Act was unconstitutional. This meant that same-sex married couples could have federal benefits as long as they were married in states where same-sex marriages were legal. Jim turned to his boyfriend of more than 20 years, John Arthur, who was laying in bed. Arthur could no longer walk due to ALS, also known as Lou Gehrig’s disease, which was quickly destroying his body. Obergefell kissed Arthur on the forehead and said, “let’s get married.” “Ok,” Arthur replied. They chose Maryland as the state to get married in, as same-sex marriage was illegal in their home state of Ohio. Turning to friends and family on Facebook, the couple raised $13,000 to have an ambulance take them to the airport, where they then boarded a medically equipped plane to the Baltimore-Washington International Thurgood Marshall Airport, just outside Baltimore. On that day, July 11, 2013, they were married inside the plane on the tarmac. Unfortunately, once they returned to Ohio, they learned that Jim would not be listed on John’s death certificate as his surviving spouse. The reason? Ohio didn’t recognize their marriage for any purpose at all. So Jim and John sued John Kasich. Ok, so really they sued the state of Ohio, but Kasich was the governor so his name went down as the defendant. And it was really just Jim at this point as John was too weak to act. Jim argued that Ohio discriminated against same-sex couples who had married legally outside of the state. On July 22, the District Judge, a dude named Timothy Black, recognized the marriage, preventing Ohio from leaving John’s name off the death certificate after he died. Just three months later, John Arthur did pass away. While Jim’s name indeed did appear as John’s surviving spouse on the death certificate, Ohio had appealed this to the U.S. Court of Appeals for the Sixth Circuit. As it turns out, several others were suing their states for the same reason. The Sixth Circuit combined six different decisions from four different states. Jim Obergefell’s case was just one of the six. On November 6, 2014, by a vote of 2-1, the Sixth Circuit ruled in favor of the states with the laws banning same-sex marriage. It cited the Supreme Court case Baker v. Nelson, a decision which said states can limit marriage to persons of the opposite sex, as justification for their ruling. Writing for the majority, Judge Jeffrey Sutton wrote: “Not one of the plaintiffs’ theories…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.” Jim and all the others challenging the state same-sex marriage bans appealed to the Supreme Court. The Court agreed to hear four of the same-sex marriage cases that directly challenged state laws banning same-sex marriage. One of these was Obergefell v. Hodges. Wait a sec. Who is Hodges? Hodges was the new dude appointed by Kasich to be Ohio’s health director back in August 2014, so yay, now his name gets to randomly go down in history! Obergefell v. Hodges became the lead case and that’s why this video is called Obergefell v. Hodges. Anyway, all of those challenging the same-sex marriage bans argued such bans went against the Equal Protection Clause and Due Process Clause of the 14th amendment. One group even brought claims under the Civil Rights Act. The Court heard oral arguments on April 28, 2015. During arguments, the justices considered two big questions: 1: Does the 14th Amendment mandate that a state give a marriage license to two people of the same sex? 2: Does the 14th Amendment mandate that a state recognize a marriage of two people of the same sex who were legally married in another state? During arguments, it was clear this would be another close one divided along ideological lines. Justices Anthony Kennedy and John Roberts seemed to go back and forth, however. Kennedy proved to be the crucial fifth vote. On June 26, 2015, exactly two years after Jim Obergefell asked John Arthur to marry him, the Court announced a 5-4 decision in their favor. The Court argued that the 14th Amendment not only required all states to recognize same-sex marriages in other states, but to recognize all same-sex marriages. Yep, just like that, it legalized same-sex marriage and overturned Baker v. Nelson. The Court held that marriage is a fundamental right to same-sex couples, as protected by the Due Process Clause and Equal Protection Clause of the 14th Amendment. Writing for the majority and putting his reputation on the line as he has traditionally been one of the more conservative justices on the Court, justice Kennedy wrote: It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right” It’s important to note that the four justices who dissented weren’t necessarily against gay marriage. They generally just thought it wasn’t the Court’s job to decide on this matter. The Constitution did not grant them such power, and so they argued it should be left to the states. I know it only happened, what two years ago, but this is one of the most important Supreme Court cases in American history. There was some pushback in certain states, and in some counties they don’t even issue marriage licenses at all to get around it, but overall this decision is not as controversial as you might think. One recent Gallup poll showed that 61% of Americans support gay marriage. When Gallup polled in 1996, that number was 27%. Today, Jim Obergefell remains a public figure, and still goes around giving speeches, honoring and remembering his late husband, John. I’ll see you for the next Supreme Court case, jury!

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Comments

  1. As a Social Democrat (Progressive lol) I believe that EVERYONE should be equal under the law regardless of race, gender, sexual orientation or species lol also they should be able to at least get CIVILLY married (I'm an Agnostic Atheist so I don't give a fuck about religious marriages or religion lol) in every State so every State should at least acknowledge them officially in that way lol

  2. To be honest I'm against the courts interfering with the state's on same sex marriage cause it's always been in the constitution to allow the state's to decide if same sex marriage would be allowed or not.

  3. If you are still talking questions for your
    Q&A I have two questions to ask.
    1. What States/Countries flags do you like the best
    2. This year my Social Studies teacher could not teach all thing things he wanted because of time. So do you ever run out of time to teach things in Social Studies and if so what do you have to skip?

  4. I tend to think that the government should stay out of marriage altogether. Lots of people view marriage as having religious significance, so it makes sense to me to have each church decide what counts as a marriage among its congregation, instead of the government.

    As for legal benefits involving marriage, what the government could do is simply recognize domestic partnerships. Basically, if a group of two or more people all live in the same house and share resources together (even if they don't have romantic feelings for each other), they can ask to be recognized as being together in a civil sense (again, not necessarily romantic), and they would receive legal benefits.

    If this happened, religious people wouldn't have to be afraid of being forced to recognize marriages they don't agree with, but at the same time, gay people wouldn't have to feel left out, since they could still find a church willing to marry them and get a domestic partnership certificate from the government.

  5. I think same-sex marriage should be legal in the United States and can you do your personal 2020 election prediction and do republicans and demcrats nominations even though there might be more than 50 and I wrote a comment/question in your Kansas City video.Sorry I was late.

  6. Equality won in the end. :D. I remember when this happened as it was just a month or so after we voted on it here in Ireland. It was wonderful to see!

  7. Hey,Mr. Beat! I love your video! I know this comment is marked as spam,that's because it contains a link. But please check out this video and approve the comment! https://www.youtube.com/watch?v=YG1dF_XAXuQ

  8. 10K Subs Question:

    Other than me obviously, who are your top five favorite YouTubers or YouTube channels?

    The idea just popped into my head, no idea why.

  9. Terrible, terrible decision. Someone needs to do something about the supreme court overstepping their bounds. But who do you turn to? The military? I suppose our best hope is for Trump to appoint two more justices before the end of his second term.

  10. So the people on the supreme court dint. Vote against gay marriage because they didn't like it.it was because. They thought They didn't have the power to do it and thought the states should make that decision

  11. Even though I support gay marriage, for the most part I agree with Scalia that Anthony Kennedy's "Dignity comment" wasn't an actual legal argument. That said, it's common sense that if one state or multitudes of states already recognize marriages of a sort, and another state does not, some form of discrimination is legally being applied, and that should be unconstitutional…as far as I can see it (within the U.S.)

  12. Yknow I'm a Conservative in my country, and indeed a member of the LGBT community, and this is really not an issue here. We actually have a married lesbian as the leader of the Scottsh Conservatives. Ruth Davidson, check her out my bros, from my perspective she's single-handedly saving Scotland from the pinkos

  13. Seems pretty clear (to me at least) that the 14th amendment would protect them. I somewhat understand the dissenting opinion, however the 14th amendment makes it pretty clear that they're protected.

  14. Marriage has been described for thousands of years as a union between a man and a woman. Therefore gay marriage, the union between people of the same sex, isn't marriage.

  15. yay for creating pathological families where children are deprived of a mother or a father. it's also puzzling that bigamy is illegal in the US and Canada. I thought people should be free to marry who they want?

  16. high quality content all around, I really appreciate this channel and especially the supreme court briefs and state comparisons, keep up the good work.

  17. That quote at the end was beautiful and brought a tear to my eye.
    In my country, Ireland, we passed a referendum in favour of gay marriage (to ammend our constitution it requires a popular vote) the first country to pass gay marriage by popular vote. We also did the same recently with abortion, the first referendum I've voted in.

  18. forcing same sex marriage is unconstitutional because there is no clause that protects SEX, in the 14th and the 19th only refers to voting rights. marriage is a state institution and the 14th only applies things protected by the bill of rights, which sex is not.

  19. I remember seeing then president Obama give a speech about it sometime in dummer 2015. One of first truly historical events I was able to witness.

  20. Marriage for anyone is stupid. It's just a way for a govt or religion to tell you that you're accepted. F%#k all that, just be with whoever you want, it's your business. Don't let the state know either way, they'll just f%#k it up.

  21. I seriously hate this decision. I mean there was a compromise of civil unions brought up. There was nothing wrong with that. I'm not homophobic I just happened to disagree. Now all these fiery opinions I'm stating are basically because they are leading to the pussification of America and the pathetically correct culture which needs to be stopped now before you get arrested for giving someone a dirty look and they begin to prosecute For Thought crimes. SMH fuck you Kennedy. Not John Kennedy was my favorite President that hurts to say that so fuck you again Justice Kennedy

  22. Why doesn't America offer civil partnerships that are basically marriage in all but name? I have religious friends who disagree with gay marriage saying that marriage should generally only be done by religious people. A solution that would work for both is to have Civil partnerships as the default and marriage for the religious people. Legally they have the same benefits. Why don't countries do this method?

  23. This ruling was 100% UNconstitutional. The 10th Amendment states:
    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
    Translation: Since same-sex marriage is not listed as a constitutional right, it's up to the state governments to either legalize or ban it under state law. It's NOT the federal government's decision to either legalize or ban it under federal law. Now, some people are saying that the ruling was legal under the 14th Amendment. This is false. The 14th Amendment states:
    "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
    What makes this argument flawed is the amendment's use of the word "person". By "person", the 14th amendment refers to people of different races and/or ethnicities, not people's personal interests or life choices. So, the 13 states who originally banned same-sex marriage were basically forced to recognize it, even though they had every constitutional right to not recognize it. This ruling was just plain wrong.

  24. With how people are looking at Roe v Wade nowadays I feel like next time there is a liberal Congress they should just pass a law cementing this decision in place

  25. 61% isn't what I'd call 'uncontroversial', being that it means 2 in every 5 people oppose it. I'd hope the US public would be a little more accepting by now.

  26. I feel the Equal Rights Amendment will add even more protection to such couples in the U.S.

  27. In Uruguay it was the Congress that pass the law of same sex marriage, not the SC so another SC could reverse this decision, and lets fe fair it has more weight is the elected members of Congress pass a law.

  28. Anyone else find it ironic that Republicans only bring up the "it should be left up to the state", argument when they know they'll lose support if they against X.

  29. If two people, no matter their gender or race want to be miserable in a loving marriage/relationship as heterosexual couple, who the [bleep] are "you" (the reader) to stop them? How about making it more difficult for divorce AND 2nd and 3rd marriages? How about calling those who ask foreign governments for interference in domestic elections what they are, TRAITORS. (Yes, I'm talking about #PresidentPussyAssBitch aka: #DipshitDonnie aka: #TraitorousTrump.)

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