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Same-Sex Marriage Bans Held Unconstitutional

Summary:
Obergefell v Hodges, Nos 14-556, 14-562, 14-571, 14-574, 2015 US LEXIS 4250 (June 26, 2015)

The Due Process and Equal Protection Clauses of the Fourteenth Amendment require states to issue marriage licenses to same-sex couples on the same terms and conditions as opposite-sex couples and to recognize lawful same-sex marriages performed in other states. Marriage is a fundamental right under the Due Process Clause that must be extended to same-sex couples. The rights of personal choice regarding marriage and intimate association are inherent in the Due Process Clause’s concept of individual autonomy. Moreover, states accord a constellation of benefits to married couples, including the protection of children and families. Denying those benefits to same-sex couples abridges their equality and violates the Constitution.

For the full opinion, click here.

We are working with our contributors to update your ICLE resources as quickly as possible to reflect the changes required by this decision. You can expect to see updates to book chapters, forms, and other relevant materials in the next few weeks.

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Request for Forms:
If you have any updated forms that reflect the Obergefell decision that you are willing to share with other ICLE partners, please contact Melanie Hagan, mchagan@icle.org.