On June 26, 2015, the United States Supreme Court issued a landmark decision in Obergefell v. Hodges, holding that same-sex couples have a fundamental constitutional right to marry. The ruling required all 50 states to license marriages between same-sex couples and to recognize such marriages performed in other jurisdictions. It was a moment of profound legal and emotional significance, particularly here in Kentucky, where multiple plaintiffs courageously challenged their home state’s refusal to treat their marriages as valid.
Obergefell consolidated cases from four states, but its roots trace back to earlier decisions. In Lawrence v. Texas (2003), the Court affirmed the right to private, consensual intimacy. United States v. Windsor (2013) followed, invalidating the federal Defense of Marriage Act’s denial of benefits to same-sex couples. By the time Obergefell was argued, the constitutional principles of due process and equal protection were firmly on a collision course with state-level marriage bans.
Writing for the majority, Justice Kennedy emphasized that the right to marry is a fundamental liberty, and that excluding same-sex couples violated both the dignity and equality the Constitution guarantees. The decision recognized that marriage is not only a matter of personal fulfillment but also legal protection: same-sex couples deserved the same rights when it came to hospital visitation, inheritance, adoption, taxation, and much more.
Ten years on, the legal foundation of Obergefell still stands, but not without tremors. In Dobbs v. Jackson Women’s Health Organization (2022), the Court overturned Roe v. Wade, with Justice Thomas openly calling for reconsideration of substantive due process precedents, potentially including Obergefell. While the current political makeup of the Court makes that a chilling possibility, it is worth noting that marriage equality enjoys broad and growing public support. Congress also acted in 2022 by passing the Respect for Marriage Act, providing federal-level assurance by requiring states to recognize existing same-sex marriages even if Obergefell were reversed.
Still, constitutional rights shouldn’t hinge on shifting political winds. That’s why remembering the path to Obergefell – and the Kentuckians who walked it – is essential. They stood not only for themselves, but for a principle as old as the Constitution and as modern as love itself: equal justice under law.
Join us on June 24 as we reflect on their stories, the legal journey, and the road ahead.