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Property Law Keyed to Dukeminier
Obergefell v. Hodges
Citation:
576 U.S. 644 (2015)Facts
The case consolidated multiple lawsuits from Michigan, Kentucky, Ohio, and Tennessee, where same-sex couples sought to marry or have their marriages recognized. James Obergefell, the lead plaintiff, married his longtime partner John Arthur in Maryland. When Arthur died, Ohio refused to list Obergefell as the surviving spouse on the death certificate because Ohio did not recognize their marriage. Similarly situated plaintiffs included couples seeking marriage licenses, recognition of out-of-state marriages, adoption rights, and other legal protections afforded to married couples. The states defended their laws by arguing that marriage had traditionally been defined as between one man and one woman, and that states should be allowed to regulate marriage as they see fit.
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