Thanks to the U.S. Supreme Court ruling on June 26, 2015, in the matter of Obergefell v. Hodges, same sex couples now have the right to marry throughout the United States.  Further, every state must also recognize the same sex marriages performed in other states.

The right for same sex couples to marry has come about in a relatively short period of time.  Less than 20 years ago, Congress passed and President Clinton signed theDefense of Marriage Act(DOMA). DOMA defined marriage as a marriage between a man and woman.  Further, DOMA stated that, for federal rights and benefits, such as filing income taxes and sponsoring a spouse, recognition would not be given to same sex couples that married.  In addition to DOMA, many states outlawed same sex marriage either by statute or by a voter referendum.

Public sentiment regarding same sex marriage has also substantially changed over a relatively short period of time.  Just 14 years ago, only 35% of the population approved of marriage between same sex partners.  Now, 57% of the population approve of marriage equality.

In 2013, the U.S. Supreme Court decided in the Winsor case that the section in DOMA that stated that federal recognition would not be given to a couple legally married in a state that allowed same sex marriage was unconstitutional.  However, the Supreme Court did not go as far as to say that same sex marriage should be legal in all states.

In 2003, Massachusetts became the first state to legalize same sex marriage.  After that, a trickle of states followed suit.  In recent years, the trickle became a torrent of states to legalize same sex marriage.  This trend was substantially enhanced when district federal courts began ruling in favor of marriage equality for all.  Then the Sixth Circuit Court of Appeals ruled against same sex marriage, which caused a conflict between federal circuit courts and which was resolved by the Supreme Court in the Obergefell case.

James Obergefell and John Arthur lived together for many years in a committed relationship.  When John’s state of health became poor due to amyotrophic lateral sclerosis (ALS), they decided to fly from their home state of Ohio, which did not allow same sex marriage, to Maryland, which did.  They flew in a medical transport plane and married while in the plane on the tarmac in Maryland.

Although James and John were married in a state that allowed same sex couples to marry, when John died four months later, Ohio refused to recognize their marriage as legal.  Accordingly, Ohio refused to list James as the spouse on John’s death certificate.  James sued to have his marriage recognized and lost in the federal district court.

The Obergefell case was consolidated with thirteen other cases, in which same sex couples had sued to gain marital rights and lost in the federal district court.In deciding that same sex couples had the same rights to marry as opposite sex couples, Justice Kenney closed by so eloquently stated the following:

“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.  In forming a marital union, two people become something greater than once they were.  As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death.  It would misunderstand these men and women to say they disrespect the idea of marriage.  Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves.  Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions.  They ask for equal dignity in the eyes of the law.  The Constitution grants them that right.  It is so ordered.”