ACLU: Supreme Court Declares State
 Marriage Bans for Same-Sex Couples Unconstitutional

Published Friday, June 26, 2015 at 11:21 am

Release from ACLU: 

The U.S. Supreme Court today issued a sweeping and historic decision that affords gay and lesbian couples the same legal right to marry and recognition of their marriages as different-sex couples.

The ruling invalidates discriminatory laws in Kentucky, Michigan, Ohio, and Tennessee upheld by the Sixth Circuit Court of Appeals, and as a practical matter, requires all 50 states to allow same-sex couples to marry.

“The Supreme Court today welcomed same-sex couples fully into the American family. Gay and lesbian couples and our families may be at peace knowing that our simple request to be treated like everyone else – that is, to be able to participate in the dignity of marriage – has finally been granted,” said James Esseks, director of the ACLU’s Lesbian, Gay, Bisexual, Transgender and HIV Project. “Today’s historic victory comes on the backs of same-sex couples and advocates who have worked for decades to dismantle harmful stereotypes and unjust laws in the quest for equal treatment.”

The court’s 5-4 opinion holds that state marriage bans violate the due process and equal protection provisions of the U.S. Constitution. Recognizing that “marriage embodies a love that may endure even past death,” the Court held that the Constitution grants to same-sex couples the right to “equal dignity in the eyes of the law.”

“Today’s decision has been 50 years in the making and will stand with Brown vs. Board of Education as one of the landmark civil rights moments of our time,” said Anthony D. Romero, ACLU Executive Director. “Now we take the battle for full legal equality to the states, where 31 states have yet to pass any statewide LGBT non-discrimination laws.  The wind is at our backs, and we are now on the cusp of achieving full legal equality for LGBT Americans across the country.”

The case is captioned Obergefell v. Hodges and is made up of cases from Kentucky, Michigan, Ohio, and Tennessee.  The American Civil Liberties Union represented plaintiffs in Kentucky cases Bourke v. Beshear and Love v. Beshear and in Ohio case Obergefell, et al. v. Hodges with private firms.

North Carolina Background:

The ACLU filed the first legal challenge to North Carolina’s marriage ban in June 2013 when it amended a 2012 lawsuit seeking second parent adoption rights for six families headed by same-sex couples. The adoption lawsuit, Fisher-Borne, et al. v. Smith, was originally filed in June 2012, just weeks after passage of the state’s marriage ban, known as Amendment One, which the ACLU lobbied and campaigned against.

In April 2014, the ACLU filed a second lawsuit, Gerber and Berlin, et al. v. Smith, challenging North Carolina’s marriage ban on behalf of three married same-sex couples, one member of which has a serious medical condition. In October 2014, U.S. District Judge William Osteen issued a ruling in both cases that declared North Carolina’s ban on marriage for same-sex couples to be unconstitutional.a

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