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Sunday, June 28, 2015

U.S. Supreme Court Holds Same Sex Couples May Not Be Deprived of Right to Marry

In Obergefell et Al. V. Hodges, Director, Ohio Department of Health, et Al., 576 US ____(2015) the U.S. Supreme Court concluded that the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. The Court held that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them. Baker v. Nelson, 409 U. S. 810, a one-line summary decision issued in 1972, holding that the exclusion of same-sex couples from marriage did not present a substantial federal question, was  overruled, and the State laws challenged by Petitioners in these cases were held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite sex couples.

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