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An Introduction to Constitutional Law » Obergefell v. Hodges

An introduction to Constitutional Law 100 Supreme Court cases everyone should know

Randy E. Barnett & Josh Blackman

Obergefell v. Hodges (2015) held that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex. The Supreme Court split 5-4. As in Romer, Lawrence, and Windsor, Justice Kennedy wrote the majority opinion.

First, he explained that “[t]he fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs.”

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