Obergefell v. Hodges - Post-Decision SCOTUScast

On June 26, 2015, the Supreme Court decided Obergefell v. Hodges. This highly anticipated case concerned two questions. The first is whether states are required by the Fourteenth Amendment to grant marriage licenses to same-sex couples. The second question is whether states are required by the Fourteenth Amendment to recognize the marriages of same-sex couples who were lawfully married in a different state.

In a 5-4 opinion delivered by Justice Kennedy, the Supreme Court held that States are required by the Fourteenth Amendment to grant marriage licenses to same-sex couples. On the second question, the Supreme Court held that States are required by the Fourteenth Amendment to recognize the marriages of same-sex couples lawfully married out-of-state. 

Justices Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion of the Court. Chief Justice Roberts filed a dissenting opinion which Justices Scalia and Thomas joined. Justice Scalia filed a dissenting opinion, which Justice Thomas joined. Justice Thomas filed a dissenting opinion, which Justice Scalia joined. Justice Alito filed a dissenting opinion which Justices Scalia and Thomas joined. The judgment of the Sixth Circuit was reversed.

To discuss the case, we have John Eastman, who is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law and Ilya Shapiro, who is Senior Fellow in Constitutional Studies at the Cato Institute.

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