"[118] As the Supreme Court has found in cases such as Loving v. Virginia, Zablocki v. Redhail, and Turner v. Safley, this extension includes a fundamental right to marry. In a 5-4 opinion, the Supreme Court held in Obergefell v. Hodges [1] that states must license same-sex marriages and recognize such licenses issued by other states. [103][104] Of the nine justices, all except Clarence Thomas made comments and asked questions, giving clues as to their positions on the Constitution and the future of same-sex marriage. Weitere ähnliche Verfahren, die alle die staatliche Anerkennung von in anderen Bundesstaaten geschlossenen gleichgeschlechtlichen Ehen bewirken sollten, wurden in Tennessee und Kentucky geführt und in diesem Verfahren konsolidiert. [103] The states were represented by former Michigan Solicitor General John J. Bursch and Joseph R. Whalen, an associate solicitor general from Tennessee. On July 9, 2015, then-attorney general for American Samoa, Talauega Eleasalo Ale, stated that his office was "still reviewing the decision to determine its [Obergefell's] applicability to American Samoa. So wird es angeordnet.“[1]. Roberts accepted substantive due process, by which fundamental rights are protected through the Due Process Clause, but warned it has been misused over time to expand perceived fundamental rights, particularly in Dred Scott v. Sandford and Lochner v. New York. certiorari to the united states court of appeals for the sixth circuit No. Box v. Planned Parenthood of Indiana and Kentucky, Inc. Monell v. Department of Social Services of the City of New York, Will v. Michigan Department of State Police, Inyo County v. Paiute-Shoshone Indians of the Bishop Community, Fitzgerald v. Barnstable School Committee. Letztere ließen ihre Minderheitsvoten einzeln protokollieren. [33][81], On November 6, 2014, in a decision styled DeBoer v. Snyder, the Sixth Circuit ruled 2–1 that Ohio's ban on same-sex marriage did not violate the U.S. Constitution. So we can keep serenity and … Respondents are state … Future research should evaluate how other public policies (e.g., LGBT non-discrimination protections, paid leave) impact the economic and emotional well-being of LGBT people. [126] Concluding that the liberty and equality of same-sex couples was significantly burdened, the Court struck down same-sex marriage bans for violating both clauses, holding that same-sex couples may exercise the fundamental right to marry in all fifty states "on the same terms and conditions as opposite-sex couples. in 1971. Der Oberste Gerichtshof verlautbarte am 26. Jimmy Meade and Luther Barlowe married in Iowa on July 30, 2009. [193], The governor of Puerto Rico announced on June 26, 2015, that the territory would comply with the ruling in Obergefell and same-sex marriage would begin in Puerto Rico within fifteen days. [133] The majority also stressed that the First Amendment protects those who disagree with same-sex marriage.[133]. Falls ein anderer Staat oder ein fremdes Rechtswesen Personen eine Eheurkunde ausstellt und jene in diesem Staat durch die Bestimmungen dieses Abschnitts verboten ist, wird sie in diesem Staat nichtig und unerzwingbar.“. But all Americans, whatever their thinking on that issue, should worry about what the majority's claim of power portends. He found "homosexual persons constitute a quasi-suspect class",[59] and ordered that Kentucky's laws banning same-sex marriage "violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable. Steve Beshear, the lead defendant, was then governor of Kentucky. They ask for equal dignity in the eyes of the law. Finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of the Nation’s social order. 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