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Obergefell V. Hodges

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PRESENTATION OUTLINE

OBERGEFELL V. HODGES

DAYKIA SMITH, MADISON RODGERS, KELVON ROBERTS, MATT BRADFORD
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SUMMARY

  • Michigan, Kentucky, Ohio, and Tennessee do not recognize same sex marriage.
  • 14 same sex couples and two men with deceased partners sued the Federal District Courts in the states they lived in claiming the states violated the 14th amendment by denying the right to lawful marriages performed in another state given full recognition.

RULING

  • Each district court ruled in favor of the petitioners
  • Sixth circuit combined and reserved the cases.
  • 14th amendment requires a state to license a marriage between two people of the same sex
  • Right to marriage is guaranteed to same sex couples
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FACTS

  • Majority favored 5-4
  • Judges Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan
  • Obergefell v. Hodges case overturned the 1972 ruling of Baker v. Nelson which denied a marriage license for a same sex couple
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HOW DOES IT RELATE TO BUSINESS LAW?

  • This case relates to business law because a person cannot be denied a job because of their sexual orientation
  • Everyone should be treated equally.
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FACTS

  • Case started April 28, 2015 and was decided June 26,2015
  • Case included Due Process Clause, Equal Protection Clause, and the 14th Amendment.
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