Same Sex Marriage in 2015-16

“If you never change your mind, why have one?”   Edward de Bono

Previously we wrote about the law in Ohio in 2013 following Judge Black’s ruling in Obergefell v. Hodges.  Soon thereafter the Obergfell case traveled to the Sixth Circuit Court of Appeals where it was reversed by a divided panel of judges.  Then it traveled to the United States Supreme Court where its ruling was sustained and expanded.   In a 5-4 decision, Justice Kennedy held that not only does the Fourteenth Amendment requires states to recognize same-sex marriages performed in other states (this was Judge Black’s ruling in the District Court), but also – and much more significantly — the right to marry is a fundamental right inherent in the due process and equal protection clauses of the Fourteenth Amendment to our Constitution.

Commentary:  Wow!  How times have changed for LGBT people and how, for once, the United States Supreme Court has stepped up to the plate.  Obergfell was one of a trilogy of surprising rulings handed-down by our high court in late June of 2015.  The others were the further validation of the Affordable Care Act (King v. Burwell) and a breakthrough in fair housing litigation (Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project).   Nonetheless, we continue to lament and suffer under the predictable effects of the Second Amendment decision authorizing the carrying of firearms and the election financing decision legitimizing the power of the rich to buy elections for their favorite sons and daughters.

November 2, 2015

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