Protecting Freedom of Conscience from Government Discrimination Act. | |
---|---|
![]() | |
Mississippi Legislature | |
| |
Citation | H.B. 1523 |
Passed by | Mississippi House of Representatives |
Passed | February 19, 2016 |
Passed by | Mississippi State Senate |
Passed | March 30, 2016 |
Signed by | Governor Phil Bryant |
Signed | April 5, 2016 |
Effective | July 1, 2016; enjoined |
First chamber: Mississippi House of Representatives | |
Introduced by | Speaker Philip Gunn |
Related legislation | |
Mississippi Student Religious Liberties Act of 2013; Mississippi Religious Freedom Restoration Act | |
Status: In force |
Mississippi House Bill 1523 (H.B. 1523), also called the Religious Liberty Accommodations Act or Protecting Freedom of Conscience from Government Discrimination Act, is 2016 state legislation passed in direct response to federal rulings in support of same-sex marriage. [1] MS H.B. 1523 provides protections for persons, religious organizations, and private associations who choose to provide or withhold services discriminatorily in accordance to the three "deeply held religious beliefs or moral convictions" which are specifically outlined in the bill. [2] These protected beliefs are 1) that marriage is and should be an exclusively heterosexual union, 2) sex should not occur outside of marriage, and 3) that biologically-assigned sex is objective and immutably linked to gender. [2] [3] [4] [1]
MS H.B. 1523 protects organizations, companies, and individuals that use any of the aforementioned "deeply held religious beliefs or moral convictions" to justify the choice to deny or offer several different types of services. Individual and organizational decisions that are protected under MS H.B. 1523 include—but are not limited to—issuing marriage licenses, granting adoptions, hiring practices (including state employees), healthcare coverage, housing agreements, as well as specific medical services (including sex reassignment surgery or conversion therapy). [3]
After being passed through Mississippi legislature, H.B. 1523 was originally intended to come into effect on July 1, 2016; however, U.S. District Judge Carlton W. Reeves issued a preliminary injunction blocking the law on June 30. Three days before, he had issued a permanent injunction requiring government officials to issue marriage licenses to same-sex couples regardless of the officials' religious beliefs. [5] On June 23, 2017, the United States Court of Appeals for the Fifth Circuit reversed Reeves' district court decision, holding that the plaintiffs in the lawsuit lacked standing to bring the lawsuit. The Fifth Circuit accordingly lifted the injunctions, allowing the law to go into effect. The Supreme Court declined to hear the case. [6]
On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional. This decision legalized same-sex marriage throughout the U.S. (including in Mississippi) and found that the right to marry is a fundamental right within the U.S. and cannot legally be denied to same-sex couples. [7]
On March 31, 2016, U.S. District Judge Daniel Porter Jordan III issued a preliminary injunction striking down the Mississippi's ban on adoption privilege for same-sex couples which had been in effect since 2000, declaring it unconstitutional. [8] [9]
In the aftermath of these federal rulings, House Bill 1523 was introduced. Mississippi legislators created a bill establishing state-specific exemptions to these federal decisions, namely protection for individuals, organizations, and institutions who choose to deny service to LGBT individuals based on religious beliefs. Republican State Senator Jenifer Branning drew a direct connection between Obergefell and H.B. 1523 when she introduced the bill on the Mississippi Senate floor, saying, "this is presenting a solution to the crossroads we find ourselves in today as a result of Obergefell v. Hodges." [10]
Representatives Philip Gunn, William Tracy Arnold, C. Scott Bounds, Lester Carpenter, J. Andrew Gipson, William Shirley, Randy Boyd, and Dan Eubanks officially introduced House Bill 1523, titled "Protecting Freedom of Conscience from Government Discrimination Act". [3]
On February 19, 2016, the Mississippi House of Representatives passed the bill, with 80 ayes, 39 nays, and 3 absent or not voting. [11]
On March 30, 2016, the Mississippi Senate passed an amended bill, with a 32 ayes, 17 nays, and 1 absent or not voting. [12]
On April 1, 2016, the Mississippi House of Representatives passed the bill as amended by the Senate, with 69 ayes, 44 nays, 7 absent or not voting, and 1 voted present. [13]
On April 5, 2016, Governor Phil Bryant signed the bill. The bill was intended to go into effect on July 1, 2016. [3]
On April 12, 2016, Mississippi state representatives including Rep. Jay Hughes introduced a suspension resolution, titled the Mississippi Economic and Tourism Recovery Act, aimed at repealing HB 1523. [14] [15]
On June 27, 2016, U.S. District Judge Carlton W. Reeves entered a permanent injunction blocking HB 1523's provision allowing county clerks to recuse themselves from issuing marriage licenses. [16]
On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523. [17] [18]
On July 7, 2016, Governor Phil Bryant filed an appeal against Judge Reeves' preliminary injunction. [19]
On July 13, 2016, Mississippi Attorney General Jim Hood announced his office would not pursue an appeal of Judge Reeves' ruling. [20]
On June 23, 2017, Judge Reeves' injunction was lifted and the law went into effect. [21]
Proponents of H.B. 1523 argue that the bill protects individuals, businesses, and organizations from being discriminated against by the government for enacting their religious beliefs. [22] Another argument of the bill's supporters is that H.B. 1523 is an example of Mississippi enacting exemptions to the federal Obergefell decision through state legislation. [23]
Opponents of H.B. 1523 argue that the bill denies LGBT people of their constitutionally-protected rights. Some claim that this enables individuals, businesses, and organizations to justify discrimination based on sexual orientation, gender identity, or sexual activity. [24] In addition to the bill's implications for same-sex couples and LGBT identified individuals, opponents of the bill have expressed concern about the potential discriminatory effects of H.B. 1523 on single parents and single-parent families as well as individuals who have had premarital sex. [25] On April 5, 2016, the Human Rights Campaign lambasted Mississippi Governor Phil Bryant for signing into law H.B. 1523. [26] A week later, 95 Mississippi writers signed a letter opposing H.B. 1523.; the list of signees includes John Grisham, Donna Tartt, W. Ralph Eubanks, Kiese Laymon, and Greg Iles. [27]
The passing of H.B. 1523 has received criticism and sparked backlash from some Mississippi communities, other municipalities and states, and communities all across the globe.
Several cities within Mississippi have denounced H.B. 1523 and called for its repeal. The Mississippi Economic Council has voiced opposition to H.B. 1523:
"As the State Chamber of Commerce for a state that has proven its hospitable and business-friendly approach, MEC opposes efforts that would intentionally or unintentionally prevent Mississippi businesses from implementing and enforcing non-discrimination policies or that would limit diversity and inclusion impacting their customers and employees. HB 1523 conflicts with this policy." [27]
On April 6, 2016, the Jackson City Council unanimously passed a resolution opposing H.B. 1523. The resolution states that the state's capitol acknowledges that the United States Constitution protects all individuals' rights equally and prohibits governments from preserving religious beliefs over the rights of people. Mayor Tony Yarber released a statement which read: "As a predominantly black city in Mississippi, the Jackson community has endured racism, discrimination and injustice over the years. We are Mississippi's capital city, and as part of our declaration of being the 'Bold New City,' we will not discriminate against any individual because of race, religious beliefs or sexual orientation, nor do we support legislation that allows for such discrimination." [28]
Biloxi, MS also unanimously passed a resolution calling for H.B. 1523's repeal on April 19, 2016. The resolution was originally introduced by Mayor FoFo Gilich. [29]
After the passing of H.B. 1523, several state and local government have issued bans preventing travel to the state of Mississippi. These travel bans are intended to express these communities' opposition to the bill and its effects on Mississippians, particularly LGBT Mississippians. The backlash is similar to what North Carolina experienced after passing the widely controversial "bathroom bill". [30]
As of December 2, 2016, the states of California, [31] Connecticut, [32] Minnesota, [33] New York, [34] Vermont, [34] and Washington, [35] the District of Columbia, [36] [37] the counties of Dane (Wisconsin), [38] Franklin (Ohio), [39] Montgomery (Maryland), [40] and Multnomah (Oregon), [41] and the cities of Baltimore, [42] Berkeley, [43] Cincinnati, [44] Dayton, [45] Honolulu, [46] Long Beach, [47] Los Angeles, [48] Miami Beach, [49] New York City, [50] Oakland, [51] Philadelphia, [36] Portland (Maine), [52] Portland (Oregon), [53] Providence, [54] Salt Lake City, [55] San Francisco, [56] San Jose, [57] Santa Fe, [58] Seattle, [35] Tampa, [36] West Palm Beach, [59] and Wilton Manors [60] have all issued travel bans in response to H.B. 1523, barring government employees from non-essential publicly funded travel to Mississippi.
In April 2016, the British Foreign and Commonwealth Office issued a warning to LGBT travelers to North Carolina and Mississippi. [61] [62] The Human Rights Campaign responded that it was "both frightening and embarrassing that one of our nation's staunchest allies has warned its citizens of the risks."
On May 12, 2016, the European Union released a statement condemning the Religious Liberty Accommodations Act in Mississippi and the Public Facilities Privacy & Security Act in North Carolina. [63] [64]
Several different lawsuits have aimed to derail and overturn H.B. 1523. In June 2016 before H.B. 1523 was scheduled to originally go into effect, two lawsuits in U.S. District Court challenged the constitutionality of the bill: Barber v. Bryant and Campaign for Southern Equality v. Bryant. The two cases were consolidated for the preliminary injunction proceedings in U.S. District Court. [65]
Barber v. Bryant was brought forward by Mississippi civil rights attorney Robert McDuff and the Mississippi Center for Justice. The plaintiffs of Barber v. Bryant were eleven individual Mississippians and The Joshua Generation Metropolitan Community Church of Hattiesburg, MS. [66] When heard in District Court, the Campaign for Southern Equality v. Bryant case was consolidated under Barber v. Bryant.
On June 27, 2016, U.S. District Judge Carlton W. Reeves entered a permanent injunction blocking HB 1523's provision allowing county clerks to recuse themselves from issuing marriage licenses. [67]
On June 30, 2016, hours before the law was to come into force, Judge Reeves issued a preliminary injunction blocking the rest of HB 1523. In a sixty-page opinion finding that the law violates the Equal Protection Clause and the Establishment Clause of the United States Constitution, Judge Reeves notes HB 1523 singles out Leviticus 18 while ignoring Leviticus's other prohibitions, such as mixing wool and linens. Judge Reeves further compares Governor Bryant's opposition to the Obergefell v. Hodges decision to Governor James P. Coleman's opposition to the Brown v. Board of Education decision.
On July 13, 2016, Mississippi Attorney General Jim Hood announced his office would not pursue an appeal of Judge Reeves' ruling. In a statement, Hood said, "... all HB 1523 has done is tarnish Mississippi's image while distracting us from the more pressing issues of decaying roads and bridges, underfunding of public education, the plight of the mentally ill and the need to solve our state's financial mess." Mississippi Governor Phil Bryant has retained the services of a private attorney, Drew Snyder, to continue the appeal in federal court using private funds.
Governor Phil Bryant and John Davis, executive director of the Mississippi Department of Human Services, appealed the District Court Barber v. Bryant decision to the United States Court of Appeals for the Fifth Circuit. [65]
On June 23, 2017, United States Court of Appeals for the Fifth Circuit found that the Barber v. Bryant plaintiffs lacked standing. An excerpt from Circuit Judge Jerry Edwin Smith's opinion reads: "We do not foreclose the possibility that a future plaintiff may be able to show clear injury-in-fact that satisfies the 'irreducible constitutional minimum of standing,' ... [T]he federal courts must withhold judgment unless and until that plaintiff comes forward. The preliminary injunction is REVERSED, and a judgment of dismissal for want of jurisdiction is RENDERED." The three-judge panel who heard the case (which also included Judge Jennifer Elrod and Judge Catharina Haynes) agreed unanimously. [68] This ruling reversed Judge Reeves' earlier decision in U.S. District Court; thus, H.B. 1523 went into effect.
On behalf of the case's plaintiffs, Robert McDuff appealed the Fifth Circuit decision in Barber v. Bryant to the United States Supreme Court, claiming that the bill violates both the First and Fourteenth Amendments. [69] On January 8, 2018, the U.S. Supreme Court refused to hear the case without comment. [70] [71]
Campaign for Southern Equality v. Bryant was a suit filed in federal district court before H.B. 1523 was even drafted, on October 20, 2014. The plaintiffs were the ACLU and several individual Mississippians represented by Roberta A. Kaplan. CSE v. Bryant challenged Mississippi's statutory and constitutional denial of marriage rights to same-sex couples before the 2015 federal Obergefell decision. The hearing was held on November 12, 2014. The marriage ban was found as unconstitutional by Judge Reeves on November 25, 2014. The case was appealed to the Fifth Circuit Court of Appeals. [72] The Fifth Circuit issued a stay of Judge Reeves' order to issue same-sex marriage licenses. [73] When the federal Obergefell decision legalized same-sex marriage, the Fifth Circuit's stay was overturned and marriage licenses were issued for same-sex couples within Mississippi. [74]
After the passage of H.B. 1523, in May 2016, plaintiffs in the CSE v. Bryant case still represented by Roberta Kaplan filed a motion to reopen the lawsuit in opposition to the bill. Specifically, Kaplan's motion argued that provisions in H.B. 1523 that allow circuit clerk and state workers to recuse themselves from performing their duties are in violation of the Fourteenth Amendment. [75] For the case's hearing in U.S. District Court it was consolidated with Barber v. Bryant.
On July 21, 2016, Attorney Roberta A. Kaplan filed an affidavit to illuminate the role that the Christian lobby Alliance Defending Freedom played in drafting H.B. 1523. [76]
In September 2017, the U.S. Court of Appeals for the Fifth Circuit denied the petition for a rehearing en banc submitted by the plaintiffs of Campaign for Southern Equality v. Bryant. [77]
In October 2017, the case was appealed to the United States Supreme Court. [78] In January 2018, the U.S. Supreme Court passed on reviewing the CSE v. Bryant Fifth Circuit decision. [79]
In May 2016, Nykolas Alford, Stephen Thomas, and the American Civil Liberties Union filed a lawsuit in U.S. District Court against Judy Moulder, a Mississippi state registrar of vital records. [80] Alfred v. Moulder aimed to prevent H.B. 1523 from going into effect, arguing that the bill goes against the federal ruling in favor of same-sex marriage made in the Obergefell decision. [81] On October 17, 2016, the Court stayed Alford v. Moulder pending a decision in Barber v. Bryant from the Fifth Circuit Court of Appeals. [82]
Lesbian, gay, bisexual, and transgender (LGBT) people in Puerto Rico have most of the same protections and rights as non-LGBT individuals. Public discussion and debate about sexual orientation and gender identity issues has increased, and some legal changes have been made. Supporters and opponents of legislation protecting the rights of LGBT persons can be found in both of the major political parties. Public opposition still exists due, in large part, to the strong influence of the Roman Catholic Church, as well as socially conservative Protestants. Puerto Rico has a great influence on the legal rights of LGBT citizens. Same-sex marriage has been legal in the commonwealth since July 2015, after the U.S. Supreme Court ruled in the case of Obergefell v. Hodges that same-sex marriage bans are unconstitutional.
Same-sex marriage has been legally recognized in Colorado since October 7, 2014. Colorado's state constitutional ban on same-sex marriage was struck down in state district court on July 9, 2014, and by the U.S. District Court for the District of Colorado on July 23, 2014. The Tenth Circuit Court of Appeals had already made similar rulings with respect to such bans in Utah on June 25 and Oklahoma on July 18, which are binding precedents on courts in Colorado. On October 6, 2014, the U.S. Supreme Court declined to hear the Tenth Circuit cases, and the Tenth Circuit lifted its stay. On October 7, the Colorado Supreme Court and the Tenth Circuit cleared the way for same-sex marriages to begin in Colorado.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Louisiana as a result of the US Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.
Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.
Same-sex marriage has been legal in Alabama since June 26, 2015, in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling, copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling, twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017, this number had dropped to only eight counties, with all eight refusing to issue licenses to anyone. In May 2019, the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently, all counties complied and announced on August 29, 2019 that they would record marriage certificates for interracial and same-sex couples. Previously, Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996, by statute in 1998, and by constitutional amendment in June 2006.
Carlton Wayne Reeves is a United States district judge of the United States District Court for the Southern District of Mississippi and chair of the United States Sentencing Commission.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBT residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in Mississippi as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.
Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.
Same-sex marriage became legal in Kansas following the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional. By June 30, all 31 judicial districts and all 105 Kansas counties were issuing marriage licenses to same-sex couples or had agreed to do so. Kansas state agencies initially delayed recognition of same-sex marriages for purposes including but not limited to changing names, ascribing health benefits and filing joint tax returns, but began doing so on July 6.
Same-sex marriage has been legal in Texas since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Previously, the U.S. state of Texas had banned same-sex marriage both by statute since 1973 and in its State Constitution since 2005. On February 26, 2014, Judge Orlando Luis Garcia of the U.S. District Court for the Western District of Texas found that Texas's ban on same-sex marriages was unconstitutional. On April 22, 2014, a state court came to the same conclusion. Both cases were appealed. The district court's decision was appealed to the Fifth Circuit Court of Appeals, but before that court could issue a ruling, the U.S. Supreme Court struck down all same-sex marriage bans in the United States in Obergefell on June 26, 2015. Within a few months of the court ruling, all counties had started issuing marriage licenses to same-sex couples, except for Irion County, which announced in 2020 that it would begin issuing licenses to same-sex couples, making it the last county in the United States to comply with the ruling.
Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.
This is a list of notable events in the history of LGBT rights that took place in the year 2014.
Same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages, was handed down on June 26, 2015, and Governor Steve Beshear and Attorney General Jack Conway announced almost immediately that the court's order would be implemented.
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.
Same-sex marriage has been legal in Arkansas since the U.S. Supreme Court's landmark decision in Obergefell v. Hodges on June 26, 2015, striking down same-sex marriage bans nationwide. Prior to this, same-sex marriage in Arkansas was briefly legal for a period beginning on May 9, 2014, as a result of a ruling by Sixth Judicial Circuit Judge Chris Piazza striking down the state's constitutional and statutory bans on same-sex marriage as violating the U.S. Constitution. Approximately 541 same-sex couples received marriage licenses in several counties before the Arkansas Supreme Court stayed his ruling pending appeal on May 16, 2014.
De Leon v. Perry was a federal lawsuit challenging Texas marriage law, specifically the state's constitutional ban on same-sex marriage and corresponding statutes. A U.S. district court ruled in favor of the plaintiff same-sex couples on February 26, 2014, granting their motion for a preliminary injunction. The state defendants filed an interlocutory appeal before the United States Court of Appeals for the Fifth Circuit, as the disposition on the motion was not a final ruling in the case. On April 14, 2014, the plaintiffs filed a motion for an expedited hearing, which was denied on May 21, 2014. The plaintiffs filed another motion for an expedited hearing on October 6, 2014, after the Supreme Court of the United States denied appeals in other marriage equality cases, and the motion was granted on October 7, 2014, setting a hearing for November 2014. However, on October 27, 2014, the Fifth Circuit set oral arguments for January 9, 2015.
Same-sex marriage has been legal in Puerto Rico since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.
Obergefell v. Hodges, 576 U.S. 644 (2015), is a landmark decision of the Supreme Court of the United States which ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the Constitution. The 5–4 ruling requires all 50 states, the District of Columbia, and the Insular Areas to perform and recognize the marriages of same-sex couples on the same terms and conditions as the marriages of opposite-sex couples, with equal rights and responsibilities. Prior to Obergefell, same-sex marriage had already been established by statute, court ruling, or voter initiative in 36 states, the District of Columbia, and Guam.