Tue. Sep 22nd, 2020

Same Sex marriages legalized in all States

2 min read

Supreme Court of United States: While bringing a long debated issue
to a conclusion, the Supreme Court legalized the marriages of same sex couples
and thereby Baker v. Nelson stands overruled.

In the present case, the
petitioners, 14 same-sex couples and two men whose same-sex partners are
deceased, filed suits in Federal District Courts in their home States, claiming
that respondent state officials violate the Fourteenth Amendment by denying
them the right to marry or to have marriages lawfully performed in another
State given full recognition. Each District Court ruled in petitioners’ favor,
but the Sixth Circuit consolidated the cases and reversed.

The Court while putting the long
debatable issue to an end said that the Fourteenth Amendment requires States to
recognize same-sex marriages validly performed out of State. Since same-sex
couples may now exercise the fundamental right to marry in all States, there is
no lawful basis for a State to refuse to recognize a lawful same-sex marriage
performed in another State on the ground of its same-sex character. The
fundamental liberties protected by the Fourteenth Amendment’s Due Process
Clause extend to certain personal choices central to individual dignity and
autonomy, including intimate choices defining personal identity and beliefs. The
State laws challenged by the petitioners in these cases are held invalid to the
extent they exclude same-sex couples from civil marriage on the same terms and
conditions as opposite-sex couples. [OBERGEFELL ET AL. v. HODGES, DIRECTOR,
OHIO DEPARTMENT OF HEALTH, 576 U. S. ____ (2015), decided on 26, June, 2015] 
Source: Legal news India

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