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Living Democracy: Supreme Court Case Obergefell v. Hodges (2015)

Marriage has been an institution for millennia but has also endured changes over time. One change that occurred has concerned coverture. Coverture is the practice of binding a man and a woman together as one entity in a marriage. This practice, being male dominated, always favored the man, making the woman a silent and unseen partner. Over the last century (or two) coverture has been eliminated in developed countries, allowing the woman greater autonomy.

Another change occurring in developed countries has been the suppression of arranged marriages. This was once a common practice with parents choosing the mates for their offspring. Again, this practice was male dominated. Sons were given much more leeway in choosing a mate than daughters were. In our modern world, arranged marriages have been relegated to the past. Very few, if any, daughters would allow their parents to choose their mate today.

With these changes, among others, new insights into personal freedoms were exposed. One of these insights was recognizing that same-sex love is as valid as different-sex love. Marriage equality became a hot button issue. There were those who insisted on traditional (but evolving) marriage, and then those who thoroughly believed that same-sex marriage would only enhance the institution of marriage by high-lighting equality.

In 2015, at least four states (Michigan, Kentucky, Ohio and Tennessee) had laws defining marriage as a “union between one man and one woman”. Plaintiffs from these four states challenged the laws as violating their Fourteenth Amendment rights. The Fourteenth Amendment, adopted in 1868 during the Reconstruction Period (and bitterly contested at the time), addresses citizenship rights and equal opportunity under the law.

In a 5-4 decision, the Supreme Court of the United States ruled; “Marriage is central to personal identity, dignity, and autonomy. Thus, it is a fundamental right that has strong protections under the Fourteenth Amendment, both independently and through its connection to related fundamental rights regarding child rearing, procreation, and education. State bans of same-sex marriage clearly infringed on all these rights by restricting same-sex couples…” With marriage being a central tenet in American society, marriage equality became the law of the land.

Arguments against marriage equality are often based on religious grounds. Since Obergefell V Hodges, studies have shown that those opposing same-sex marriage favor tradition over equality. Prejudice against the gay community in the United States is a deciding factor. According to Gallup Polls, the percentage of Americans believing that same-sex unions are valid, stood at 42% in 2006. Polls in 2025 show that 70% of Americans are validating marriage equality.

Resistance to same-sex marriage continues with at least one Supreme Court Justice (Clarence Thomas) wanting to revisit and overturn Obergefell V Hodges. At 250 years old, the United States of America is still a work in progress. As we walk together towards the future, let us remember that “We the People” means all of us.

Mark VanZanten, member of Living Democracy: Engaging Citizens, a local citizen group. Our mission is to inform and educate the Mid-Ohio Valley about how government works on the local, state, and federal levels and how citizens can be involved to make our democracy work. Join us the third Monday of each month. livingdemocracymov@gmail.com and facebook/living democracy: engaging citizens and Youtube channel Living Democracy

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