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Supreme Court: King v. Burwell & Obergefell v. Hodges

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Supreme Court Rules in Favor of Same-Sex Marriage

The U.S. Supreme Court has ruled that the Equal Protection Clause of the 14th Amendment guarantees same-sex couples a fundamental right to marry, state laws to the contrary notwithstanding, and to have their marriages recognized by all the states.  The case is Obergefell et al. v. Hodges, No. 14-556.

Background

In 2013, the Supreme Court ruled in U.S. v. Windsor that § 3 of the federal Defense of Marriage Act, or DOMA, was unconstitutional.  That section limited all federal benefits to heterosexual married couples.  Section 2 of DOMA, which the Court left intact at the time, allowed states to not recognize same-sex marriages performed in other states.  

Ever since the Windsor ruling, federal appellate courts have been invalidating states’ mini-DOMA laws.  The Obergefell decision puts the nail in the coffin of § 2 of the federal DOMA and all the remaining state mini-DOMA laws....(register to read more)

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