Congressional Digest

Supreme Court Debates September 2015 No. 6 Vol. 18
James Obergefell, Brittani Henry, et al., Petitioners

Same-Sex Marriage

The Court Defines a Fundamental Right to Matrimony

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James Obergefell, Brittani Henry, et al., Petitioners

Alphonse A. Gerhardstein, Counsel of Record

James Obergefell legally married his partner, John Arthur, in Maryland in 2013. Several months later, Arthur died from ALS. Due to a State constitutional amendment, Obergefell’s home of Ohio would not officially recognize Obergefell as Arthur’s widower. Brittani Henry and her partner Brittni Rogers were married in New York. Henry was pregnant, but when she gave birth, Ohio would not recognize Rogers as a co-parent. These three individuals, along with eight others who were adversely affected by Ohio’s same-sex marriage ban, filed suit against the State, charging that Ohio’s failure to recognize their marriages violated their constitutional rights. A Federal…

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