Jia Hui Lai
BLAW 371
October 16, 2017
Instructor Steve Russell
Obergefell v. Hodges Case Study
Obergefell v. Hodges Analysis
Facts and History
Obergefell v. Hodges is the merging of six lower-court cases from four different states, which are Michigan, Ohio, Kentucky, and Tennessee. In these states, marriage is defined as the union of two people which is naturally formed by a man and a woman.
In Michigan, the case DeBoer v. Snyder, it involved with a female couple, DeBoer and Rowse, and the adoption of their three children. This is because, in Michigan, the law only allowed a single people or and married couples to adopt children. Therefore, DeBoer and Rowse filed a lawsuit about the unconstitutional of Michigan’s adoption law on prohibiting …show more content…
As John Arthur was critically ill because of the sickness of ALS, Arthur wanted to identify Obergefell as his surviving spouse on his death certificate in the Ohio Registrar, so that Obergefell could receive the spouse benefits after his death. However, Ohio states did not recognize their marriage, so that they filed a lawsuit, Obergefell v. Kasich. The state Attorney General’s Office mobilized to protect the ban on same-sex marriage in Ohio. As there is another case of David Michener and William Herbert with the same problem. William died in Ohio and his family wanted to issue the death certificate of William, however, David’s name could not appear on William’s death certificate as his surviving spouse. District Judge Timothy S. Black ordered Ohio to identify same-sex marriages from another state on the death certificates after the death of Arthur.
The case of Henry v. Wymyslo in Ohio involved four couples who filed a claim looking for the right to list the name of same-sex parents on the birth certificates of their children. This claim was heard by the Judge Black as well, and he enforced Ohio state to recognize the same-sex marriage from other …show more content…
One of the dissenting opinions are Chief Justice Roberts dissented on Due Process Clause as it has been misused over time. He argued that States should be free to define marriage as they see to fit and he found that there are unfair attacks from the Court’s language to the opponents of same-sex marriage. Next, Justice Alito wrote a dissenting opinion on the right to same-sex marriage does not meet the definition of Due Process Clause. He argued that the Constitution left the problem of what states should do about same-sex marriage to other people of each
BLAW 371
October 16, 2017
Instructor Steve Russell
Obergefell v. Hodges Case Study
Obergefell v. Hodges Analysis
Facts and History
Obergefell v. Hodges is the merging of six lower-court cases from four different states, which are Michigan, Ohio, Kentucky, and Tennessee. In these states, marriage is defined as the union of two people which is naturally formed by a man and a woman.
In Michigan, the case DeBoer v. Snyder, it involved with a female couple, DeBoer and Rowse, and the adoption of their three children. This is because, in Michigan, the law only allowed a single people or and married couples to adopt children. Therefore, DeBoer and Rowse filed a lawsuit about the unconstitutional of Michigan’s adoption law on prohibiting …show more content…
As John Arthur was critically ill because of the sickness of ALS, Arthur wanted to identify Obergefell as his surviving spouse on his death certificate in the Ohio Registrar, so that Obergefell could receive the spouse benefits after his death. However, Ohio states did not recognize their marriage, so that they filed a lawsuit, Obergefell v. Kasich. The state Attorney General’s Office mobilized to protect the ban on same-sex marriage in Ohio. As there is another case of David Michener and William Herbert with the same problem. William died in Ohio and his family wanted to issue the death certificate of William, however, David’s name could not appear on William’s death certificate as his surviving spouse. District Judge Timothy S. Black ordered Ohio to identify same-sex marriages from another state on the death certificates after the death of Arthur.
The case of Henry v. Wymyslo in Ohio involved four couples who filed a claim looking for the right to list the name of same-sex parents on the birth certificates of their children. This claim was heard by the Judge Black as well, and he enforced Ohio state to recognize the same-sex marriage from other …show more content…
One of the dissenting opinions are Chief Justice Roberts dissented on Due Process Clause as it has been misused over time. He argued that States should be free to define marriage as they see to fit and he found that there are unfair attacks from the Court’s language to the opponents of same-sex marriage. Next, Justice Alito wrote a dissenting opinion on the right to same-sex marriage does not meet the definition of Due Process Clause. He argued that the Constitution left the problem of what states should do about same-sex marriage to other people of each