Facts: Groups of the same sex couples sued their relevant state agencies in Ohio, Kentucky, Michigan, and Tennessee to challenge the constitutionality of those states bans on the same sex marriage or refusal to recognize legal same sex marriages that occurred in jurisdiction that provide for such marriages. James Obergefell (plaintiffs) in each case argued that the states statutes violated Equal Protection Clause and Due Process Clause of the fourteenth Amendment, and one group of plaintiffs also brought claims under the Civil Rights act. In all the cases, the trial court found in favor of the plaintiffs. The U.S Courts of Appeals for the Sixth Circuit reverse and held that the states bans on same sex marriage and refusal to recognize marriages performed in other states did not violated the couples fourteenth amendment rights to equal protection and due process.
Procedure: James Obergefell and his partner of over twenty years, John Arthur travelled from Ohio to Maryland in order to marry. John died three months later of amyotrophic lateral sclerosis but Ohio law prevented James being listed on John’s death certificate as surviving spouse. With John Arthur‘s death approaching, he and James Obergefell filed a complaint against, among others, the Director of the Ohio Department of …show more content…
Rationale: The fundamental liberties protected by the Fourteenth Amendment extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs. Marriage is a centerpiece of social order and fundamental under the Constitution; it draws meaning from related rights of childrearing, procreation, and