Supreme Court Legalizes Same-Sex Marriage
June 26th 2015 marked a momentous day for law in the United States. The nation joined twenty others in the world to legally recognize same-sex marriage, or more specifically, oppose the denial of same-sex marriage under the Fourteenth Amendment of the US Constitution. The famed Equal Protection Clause of that amendment guarantees that “no state shall deny to any person within its jurisdiction “the equal protection of the laws.”
The journey for marriage equality can easily be traced back decades, and perhaps longer. In fact, in the early 1970’s then-students Richard Baker and James McConnell used the the legal system to dispute the denial of a marriage license in Minnesota because both spouses-to-be were both men. The case there actually did reach the inboxes of Supreme Court Justices via appeal, but at that time the Justices chose not hear the case for lack of a substantial federal question. (Note: denial of a ‘writ of certiorari’, i.e. Supreme Court’s deference to pass on a case, is overwhelmingly common—and they are known to hear upwards of 100 cases, of over 7000 petitioned each year)
Fast forward nearly a half-century, and the Supreme Court not only agreed to hear the landmark case of Obergefell v. Hodges, but indeed the Justices overturned and created law with their opinion. Where 37 US states have passed some form of marriage equality act, the single decision of the Supreme Court on a summer day at the end of June 2015, powerfully set precedence that supersedes state law on the subject.
By the numbers, there are reportedly well over 250,000 married same-sex couples in the United States.