Obergefell v. Hodges in the context of "Fourteenth Amendment to the U.S. Constitution"

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting freed slaves following the American Civil War, and its enactment was bitterly contested. States of the defeated Confederacy were required to ratify it to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions, such as Brown v. Board of Education (1954; prohibiting racial segregation in public schools), Loving v. Virginia (1967; ending interracial marriage bans), Roe v. Wade (1973; recognizing federal right to abortion until overturned in 2022), Bush v. Gore (2000; settling 2000 presidential election), Obergefell v. Hodges (2015; extending right to marry to same-sex couples), and Students for Fair Admissions v. Harvard (2023; prohibiting affirmative action in most college admissions).

The amendment's first section includes the Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause broadly defines citizenship, superseding the Supreme Court's decision in Dred Scott v. Sandford (1857), which held that Americans descended from African slaves could not become American citizens. The Privileges or Immunities Clause was interpreted in the Slaughter-House Cases (1873) as preventing states from impeding federal rights, such as the freedom of movement. The Due Process Clause builds on the Fifth Amendment to prohibit all levels of government from depriving people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine, by which portions of the Bill of Rights have been applied to the states. The Equal Protection Clause requires each state to provide equal protection under the law to all people, including non-citizens, within its jurisdiction.

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States have developed over time, with public opinion and jurisprudence changing significantly since the late 1980s. Lesbian, gay and bisexual rights are considered advanced. Even though strong protections for same-sex couples remain in place, the rights of transgender people have faced significant erosion since the beginning of Donald Trump's second presidency.

In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBTQ Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBTQ rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBTQ-related anti-discrimination laws regarding housing and private and public services vary by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges. According to Human Rights Campaign's 2024 state index, the states with the most comprehensive LGBTQ rights legislation include Vermont, California, Minnesota, Virginia, Massachusetts, Rhode Island, Maryland, New Mexico, Washington, Colorado, New York, Illinois, Oregon, Maine, Hawaii, and New Jersey.

Loving v. Virginia, 388 U.S. 1 (1967), was a landmark civil rights decision of the United States Supreme Court that ruled that the laws banning interracial marriage violate the Equal Protection and Due Process clauses of the Fourteenth Amendment to the U.S. Constitution. Beginning in 2013, the decision was cited as precedent in U.S. federal court decisions ruling that restrictions on same-sex marriage in the United States were unconstitutional, including in the Supreme Court decision Obergefell v. Hodges (2015).

The case involved Richard Loving, a white man, and his wife Mildred Loving, a woman of color. In 1959, the Lovings were convicted of violating Virginia's Racial Integrity Act of 1924, which criminalized marriage between people classified as "white" and people classified as "colored". Caroline County circuit court judge Leon M. Bazile sentenced them to prison but suspended the sentence on the condition that they leave Virginia and not return. The Lovings filed a motion to vacate their convictions on the ground that the Racial Integrity Act was unconstitutional, but Bazile denied it. After unsuccessfully appealing to the Supreme Court of Virginia, the Lovings appealed to the U.S. Supreme Court, which agreed to hear their case.

This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.

There are 26 states which have constitutions including bans on same-sex marriage or other types of unions, and 30 states have statutes that ban same-sex marriage or other types of unions although these are all defunct under the Obergefell ruling. In November 2020, Nevada became the first state to repeal its constitutional ban on same-sex marriage following Obergefell.

The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not apply on Indian reservations. The decision was based on the equal protection guarantee of the 14th Amendment to the U.S. Constitution, but by long established law, this part of the Constitution does not apply to Indian tribes. Therefore, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.

Most federally recognized tribal nations have their own courts and legal codes but do not have separate marriage laws or licensing, relying instead on state law. A few do not have their own courts, relying instead on CFR courts under the Bureau of Indian Affairs. In such cases, same-sex marriage is legal under federal law. Of those that do have their own legislation, most have no special regulation for marriages between people of the same sex or gender, and most accept as valid marriages performed in other jurisdictions. Many Native American belief systems include the two-spirit descriptor for gender variant individuals and accept two-spirited individuals as valid members of their communities, though such traditional values are seldom reflected explicitly in the legal code. Same-sex marriage is possible on at least forty-nine reservations with their own marriage laws, beginning with the Coquille Indian Tribe (Oregon) in 2009. Marriages performed on these reservations were first recognized by the federal government in 2013 after section 3 of the Defense of Marriage Act (DOMA) was declared unconstitutional in United States v. Windsor. These were statutorily affirmed by the Respect for Marriage Act, which formally repealed DOMA.

Richard John Baker v. Gerald R. Nelson, 291 Minn. 310, 191 N.W.2d 185 (1971), was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the United States Constitution. Baker appealed the decision, and on October 10, 1972, the United States Supreme Court dismissed the appeal "for want of a substantial federal question".

Because the case came to the Supreme Court through mandatory appellate review (not certiorari), the dismissal constituted a decision on the merits and established Baker v. Nelson as precedent, although the extent of its precedential effect had been subject to debate. In May 2013, Minnesota legalized same-sex marriage and it took effect on August 1, 2013. On June 26, 2015, the Supreme Court explicitly overruled Baker in Obergefell v. Hodges, making same-sex marriage legal nationwide.

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Puerto Rico have some of the same protections and rights as non-LGBTQ individuals. Public discussion and debate about sexual orientation and gender identity issues has increased, and some legal changes have been made. Supporters and opponents of legislation protecting the rights of LGBTQ persons can be found in both of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church, as well as socially conservative Protestants. Puerto Rico has a great influence on the legal rights of LGBTQ citizens. Same-sex marriage has been legal in the commonwealth since July 2015, after the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that same-sex marriage bans are unconstitutional.

Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.

Moreover, discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations is prohibited. In terms of criminal justice, the use of conversion therapy on minors is legally banned since 2016 and since 2021 the common-law "gay and/or trans panic defence" was abolished and repealed. Vermont is often regarded as one of the most LGBTQ-friendly states in the country. It was the first state to legally recognize same-sex unions, when it established civil unions for same-sex couples in 2000. Same-sex marriage was legalized in 2009, with opinion polls showing large popular support.

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States have developed over time, with public opinion and jurisprudence changing significantly since the late 1980s. Lesbian, gay and bisexual rights are considered advanced. Rights of transgender people have faced significant erosion since the beginning of Donald Trump's second presidency.

In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBTQ Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBTQ rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBTQ-related anti-discrimination laws regarding housing and private and public services vary by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges. According to Human Rights Campaign's 2024 state index, the states with the most comprehensive LGBTQ rights legislation include Vermont, California, Minnesota, Virginia, Massachusetts, Rhode Island, Maryland, New Mexico, Washington, Colorado, New York, Illinois, Oregon, Maine, Hawaii, and New Jersey.