Obergefell v. Hodges

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Docket No.
Op. Below
Argument
Apr 28, 2015
Tr.Aud.
Opinion
Vote
5-4
Author
Kennedy
Term

Holding: The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.

Judgment: Reversed, 5-4, in an opinion by Justice Kennedy on June 26, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia and Thomas joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined. Justice Alito filed a dissenting opinion, in which Justices Scalia and Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 14 2014Petition for a writ of certiorari filed. (Response due December 15, 2014)
Dec 08 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Dec 12 2014Brief of respondent Richard Hodges, Director, Ohio Department of Health filed.
Dec 15 2014Brief amicus curiae of Idaho Governor C.L. "Butch" Otter filed. VIDED.
Dec 15 2014Brief amici curiae of Colage; Equality Federation, et al. filed. VIDED.
Dec 15 2014Brief amici curiae of 76 Scholars of Marriage filed. VIDED.
Dec 19 2014Letter from counsel for petitioners dated December 19, 2014, received waiving 14-day waiting period pursuant to Rule 15.5.
Dec 21 2014Reply of petitioners James Obergefell, et al. filed.
Dec 23 2014DISTRIBUTED for Conference of January 9, 2015.
Jan 12 2015DISTRIBUTED for Conference of January 16, 2015.
Jan 16 2015Petition GRANTED The petitions for writs of certiorari in No. 14-562, No. 14-571, and No. 14-574 are granted. The cases are consolidated and the petitions for writs of certiorari are granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? A total of ninety minutes is allotted for oral argument on Question 1. A total of one hour is allotted for oral argument on Question 2. The parties are limited to filing briefs on the merits and presenting oral argument on the questions presented in their respective petitions. The briefs of petitioners are to be filed on or before 2 p.m., Friday, February 27, 2015. The briefs of respondents are to be filed on or before 2 p.m., Friday, March 27, 2015. The reply briefs are to be filed on or before 2 p.m., Friday, April 17, 2015. VIDED
Jan 26 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Steve Beshear, et al., in No. 14-574. VIDED
Jan 26 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Rick Snyder, Governor of Michigan, et al., in No. 14-571. VIDED
Feb 04 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Haslam, et al., in No. 14-562. VIDED
Feb 12 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Hodges, et al., in No. 14-556. VIDED
Feb 27 2015Joint appendix for No. 14-556, 14-562 & 14-574 filed (2 volumes). VIDED.
Feb 27 2015Brief of petitioners James Obergefell, et al. filed.
Feb 27 2015Brief amicus curiae of The County of Cuyahoga, Ohio filed.
Feb 27 2015Brief amici curiae of Mae Kuykendall, David Upham and Michael Worley in support of neither party and urging affirmance on question 1 filed. VIDED.
Mar 02 2015Brief amici curiae of Langley Hill Friends Meeting, et al. filed. VIDED.
Mar 03 2015Brief amicus curiae of Columbia Law School Sexuality and Gender Law Clinic filed. VIDED.
Mar 03 2015Brief amici curiae of Outserve-Servicemembers Legal Defense Network, et al. filed. VIDED.
Mar 03 2015Brief amicus curiae of Hawaii filed. VIDED.
Mar 03 2015Brief amicus curiae of Indiana University filed. VIDED.
Mar 03 2015Brief amicus curiae of BiLaw filed. VIDED.
Mar 04 2015Brief amici curiae of Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders, et al. filed. VIDED.
Mar 04 2015Brief amicus curiae of The Cleveland Choral Arts Association Inc. a/k/a The North Coast Men's Chorus filed. VIDED.
Mar 04 2015Brief amici curiae of Elected Officials and Former Officeholders of Michigan, et al. filed. VIDED.
Mar 04 2015Brief amici curiae of Survivors of Sexual Orientation Change Therapies filed. VIDED.
Mar 04 2015Brief amici curiae of Equality Ohio, et al. filed. VIDED.
Mar 04 2015Brief amicus curiae of Professor W. Burlette Carter in support of neither party filed. VIDED.
Mar 04 2015Brief amici curiae of California Council of Churches, et al. filed. VIDED.
Mar 05 2015Brief amici curiae of Conflict of Law Scholars filed. VIDED.
Mar 05 2015Brief amici curiae of Bay Area Lawyers for Individual Freedom, et al. filed. VIDED.
Mar 05 2015Brief amici curiae of Kenneth B. Mehlman, et al. filed. VIDED.
Mar 05 2015Brief amici curiae of National Women's Law Center, et al. filed. VIDED.
Mar 05 2015Brief amicus curiae of The American Humanist Association and Center for Inquiry filed. VIDED.
Mar 05 2015Brief amicus curiae of The Organization of American Historians filed. VIDED.
Mar 05 2015Brief amicus curiae of Citizens United for the Individual Freedom to Define Marriage in support of neither party filed. VIDED.
Mar 05 2015Brief amici curiae of President of the House of Deputies of the Episcopal Church, et al. filed. VIDED.
Mar 05 2015Brief amici curiae of 379 Employers and Organizations Representing Employers filed. VIDED.
Mar 05 2015Brief amicus curiae of Institute for Justice filed. VIDED.
Mar 05 2015Brief amicus curiae of The Alliance: State Advocates for Women's Rights and Gender Equality filed. VIDED.
Mar 05 2015Brief amici curiae of GLMA, et al. filed. VIDED.
Mar 05 2015Brief amicus curiae of American Sociological Association filed. VIDED.
Mar 05 2015Brief amicus curiae of Virginia filed. VIDED.
Mar 05 2015Brief amici curiae of Scholars of the Constitutional Rights of Children filed. VIDED.
Mar 05 2015Brief amicus curiae of National Family Civil Rights Center filed. VIDED. (Distributed)
Mar 06 2015SET FOR ARGUMENT ON Tuesday, April 28, 2015
Mar 06 2015Brief amici curiae of The Human Rights Campaign and 207,551 Americans filed. VIDED.
Mar 06 2015Appendix of The Human Rights Campaign and 207,551 Americans filed. (10 Volumes) VIDED.
Mar 06 2015Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Mar 06 2015Brief amici curiae of Kristin M. Perry, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of Eagle Forum Education & Legal Defense Fund in support of neither party filed. VIDED.
Mar 06 2015Brief amicus curiae of United States filed. VIDED.
Mar 06 2015Brief amici curiae of American Psychological Association, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Anti-Defamation League, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of PFLAG, Inc. filed. VIDED.
Mar 06 2015Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Conflict of Laws and Family Law Professors filed. VIDED.
Mar 06 2015Brief amici curiae of The Donaldson Adoption Institute, et al. filed.
Mar 06 2015Brief amicus curiae of The Liberty Education Forum filed. VIDED.
Mar 06 2015Brief amici curiae of American Public Health Association, and Whitman-Walker Health filed. VIDED.
Mar 06 2015Brief amici curiae of Lawrence J. Korb, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of 167 Members of the U.S. House of Representatives, and 44 U.S. Senators filed. VIDED.
Mar 06 2015Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. VIDED.
Mar 06 2015Brief amici curiae of Law Enforcement Officers, First Responders, and Organizations filed. VIDED.
Mar 06 2015Brief amicus curiae of Legal Services NYC filed. VIDED.
Mar 06 2015Brief amici curiae of Legal Scholars Stephen Clark, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Family Law Scholars filed. VIDED.
Mar 06 2015Brief amicus curiae of Freedom to Marry filed. VIDED.
Mar 06 2015Brief amici curiae of American Academy of Matrimonial Lawyers, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of Americans United for Separation of Church and State filed. VIDED.
Mar 06 2015Brief amici curiae of Massachusetts, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of John K. Olson filed. VIDED.
Mar 06 2015Brief amicus curiae of Marriage Equality USA filed. VIDED.
Mar 06 2015Brief amici curiae of LGBT Student Organizations at Undergraduate, Graduate, and Professional Schools filed. VIDED.
Mar 06 2015Brief amicus curiae of Minnesota filed. VIDED.
Mar 06 2015Brief amicus curiae of Garden State Equality filed. VIDED.
Mar 06 2015Brief amici curiae of 226 U.S. Mayors, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of The Mattachine Society of Washington, D.C. filed. VIDED.
Mar 06 2015Brief amici curiae of The General Conference of Seventh-Day Adventists, et al. in support of neither party filed. VIDED.
Mar 06 2015Brief amici curiae of Professors Laurence H. Tribe and Michael C. Dorf filed. VIDED.
Mar 06 2015Brief amici curiae of Campaign for Southern Equality and Equality Federation filed. VIDED.
Mar 06 2015Brief amici curiae of Cato Institute, et al. filed. VIDED.
Mar 06 2015Proposal to lodge excerpts of original, declassified documents, from counsel for amicus curiae The Mattachine Society of Washington D.C. VIDE
Mar 06 2015Brief amici curiae of Douglas Laycock, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Human Rights Watch and The New York City Bar Association, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Historians of Marriage and the American Historical Association filed. VIDED.
Mar 06 2015Brief amici curiae of Ninety-Two Plaintiffs in Marriage Cases in Alabama, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of Gary J. Gates filed. VIDED.
Mar 06 2015Brief amici curiae of Foreign and Comparative Law Experts Harold Hongju Koh, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Constitutional Law Scholars Ashutosh Bhagwat, et al. filed. VIDED.
Mar 06 2015Brief amici curiae of Carlos A. Ball, Distinguished Professor of Law, Rutgers University, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of American Federation of Labor and Congress of Industrial Organizations filed. VIDED.
Mar 06 2015Brief amici curiae of Family Equality Council, et al. filed. VIDED.
Mar 06 2015Brief amicus curiae of Experiential Learning Lab at New York University School of Law filed. VIDED.
Mar 06 2015Brief amici curiae of Chris Kluwe, et al. filed.
Mar 16 2015CIRCULATED.
Mar 17 2015Record requested from U.S.C.A. 6th Circuit.
Mar 17 2015Joint letter of argument proposal from counsel for the petitioners. VIDED
Mar 17 2015Joint letter of argument proposal from counsel for the respondents. VIDED
Mar 17 2015Brief amicus curiae of Robert J. Bentley, Governor of Alabama filed. VIDED. (Distributed)
Mar 18 2015Record received from U.S.C.A. 6th Circuit is electronic.
Mar 18 2015Record from U.S.D.C. Southern Dist. of Ohio is electronic and located on PACER.
Mar 26 2015Brief amicus curiae of Dr. Paul McHugh filed. VIDED. (Distributed)
Mar 26 2015Brief amicus curiae of Professor Daniel N. Robinson, Ph.D. filed. VIDED. (Distributed)
Mar 27 2015Brief of respondents Richard Hodges, Director, Ohio Department of Health, et al. filed. (Distributed)
Mar 27 2015Brief amici curiae of Scholars of History and Related Disciplines filed. VIDED. (Distributed)
Mar 27 2015Brief amicus curiae of Ryan T. Anderson, Ph.D. filed. VIDED. (Distributed)
Mar 27 2015Brief amici curiae of Dawn Stefanowicz and Denise Shick filed. VIDED. (Distributed)
Mar 27 2015Brief amici curiae of Heather Barwick and Katy Faust filed. VIDED. (Distributed)
Mar 27 2015Brief amicus curiae of State of South Carolina filed. VIDED. (Distributed)
Mar 27 2015Brief amici curiae of Robert Oscar Lopez and B.N. Klein filed. VIDED.(Distributed)
Mar 30 2015Brief amici curiae of 54 International and Comparative Law Experts from 27 Countries filed. VIDED. (Distributed)
Mar 30 2015Brief amicus curiae of Family Trust Foundation of Kentucky, Inc., A/K/A The Family Foundation filed. VIDED. (Distributed)
Mar 30 2015Brief amici curiae of The Ruth Institute and Dr. Jennifer Roback Morse, Ph.D. filed. VIDED. (Distributed)
Mar 30 2015Brief amici curiae of North Carolina Values Coalition, et al. filed. VIDED. (Distributed)
Mar 31 2015Supplemental joint letter of argument proposal from counsel for the petitioners. VIDED
Mar 31 2015Brief amicus curiae of Family Research Council filed. VIDED. (Distributed)
Mar 31 2015Brief amicus curiae of Lary S. Larson filed. VIDED. (Distributed)
Mar 31 2015Brief amicus curiae of CatholicVote.org Education Fund filed. VIDED. (Distributed)
Mar 31 2015Brief amici curiae of Organizations That Promote Biological Parenting filed. VIDED. (Distributed)
Mar 31 2015Brief amici curiae of Liberty Scholars and the Saint Thomas More Society of Dallas filed. VIDED. (Distributed)
Apr 01 2015Brief amici curiae of Scholars of Originalism filed. VIDED. (Distributed)
Apr 01 2015Brief amicus curiae of Parents and Friends of Gays & Ex-Gays filed. VIDED. (Distributed)
Apr 01 2015Brief amici curiae of Wyoming Legislators and Scholars of Full Faith and Credit filed. VIDED. (Distributed)
Apr 01 2015Brief amicus curiae of David A. Robinson filed. VIDED. (Distributed)
Apr 01 2015Brief amicus curiae of Public Affairs Campaign and Opinion Expert Frank Schubert, et al. filed. VIDED.
Apr 01 2015Brief amicus curiae of Algirdas M. Liepas filed. VIDED. (Distributed)
Apr 01 2015Brief amicus curiae of National Coalition of Black Pastors and Christian Leaders filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of American College of Pediatricians, et al. filed. VIDED. (Distributed)
Apr 02 2015Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of 100 Scholars of Marriage filed. VIDED. (Distributed)
Apr 02 2015Brief amicus curiae of Tri Valley Law, P.C. filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Organizations and Scholars of Gender-Diverse Parenting filed. VIDED. (Distributed)
Apr 02 2015Brief amicus curiae of Catholic Answers filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of 47 Scholars filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Scholars of the Welfare of Women, Children, and Underprivileged Populations filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Major Religious Organizations filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Leaders of the 2012 Republican National Convention Committee on the Platform, et al. filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Religious Organizations, Public Speakers, and Scholars Concerned About Free Speech filed. VIDED. (Distributed)
Apr 02 2015Brief amicus curiae of The Committee for Justice filed. VIDED. (Distributed)
Apr 02 2015Brief amici curiae of Louisiana, et al. filed. VIDED. (Distributed)
Apr 02 2015Motion for leave to file amicus brief filed by Theodore Coates. VIDED. (Distributed)
Apr 03 2015Upon consideration of the March 17 and March 31, 2015, letters from counsel for the petitioners and the respondents, the following order of argument is adopted. On Question 1 the time is allocated as follows: 30 minutes for one advocate on behalf of the petitioners, 15 minutes for the Solicitor General, and 45 minutes for one advocate on behalf of the respondents. On Question 2 the time is allocated as follows: 30 minutes for one advocate on behalf of the petitioners, and 30 minutes for one advocate on behalf of the respondents. VIDED
Apr 03 2015Brief amici curiae of Texas Eagle Forum and Steven F. Hotze, M.D. filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Scholars of Fertility and Marriage filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Richard A. Lawrence filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Mike Huckabee Policy Solutions and, Family Research Institute filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Foundation for Moral Law filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Public Advocate of the U.S., et al. filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of State of Alabama filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae Idaho Governor C.L. "Butch" Otter filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Southeastern Legal Foundation filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Earl M. Maltz, et al. filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Jason Feliciano and Seventeen Pastors filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Judicial Watch, Inc. filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of International Conference of Evangelical Endorsers filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Lighted Candle Society filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Concerned Women for America filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Institute for Marriage and Public Policy, et al. filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of ProtectMarriage.com - Yes on 8, et al. filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of 57 Members of U.S. Congress filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Jon Simmons filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Texas Values filed. VIDED.(Distributed)
Apr 03 2015Brief amici curiae of Dr. Judith Reisman, and Liberty Center for Child Protection filed. VIDED. (Distributed)
Apr 03 2015Brief amici curiae of Same-Sex Attracted Men and their Wives filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of David Boyle filed. VIDED. (Distributed)
Apr 03 2015Brief amicus curiae of Agudath Israel of America filed. VIDED. (Distributed)
Apr 17 2015Reply of petitioners James Obergefell, et al. filed. (Distributed)
Apr 28 2015Argued. For petitioners on Question 1: Mary L. Bonauto, Boston, Mass.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents on Question 1: John J. Bursch, Special Assistant Attorney General, Lansing, Mich. For petitioners on Question 2: Douglas Hallward-Driemeier, Washington, D. C. For respondents on Question 2: Joseph F. Whalen, Associate Solicitor General, Nashville, Tenn.
May 04 2015Motion for leave to file amicus brief filed by Theodore Coates DENIED. VIDED.
May 21 2015Request for recusal received from amicus curiae Foundation for Moral Law. VIDED
Jun 26 2015Judgment REVERSED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. Scalia, J. filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined. Alito, J., filed a dissenting opinion, in which Scalia and Thomas, JJ., joined. VIDED
Jul 28 2015JUDGMENT ISSUED.

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