What Happens After Obergefell?
Implications of the Gay Marriage Decision
Although the Supreme Court answered questions surrounding the constitutionality of State same-sex marriage bans in Obergefell v. Hodges (2015), its decision raised a number of other questions. Broader Gay Rights Implications Obergefell raised questions about the decision’s broader impact on the rights of gay individuals — that is, whether its rationale extends rights to gay individuals outside of the marriage context. The decision appears limited to the marriage context, however. Although the majority opinion did make reference to same-sex marriage bans implicating equal protection guarantees, its holding rested on such bans infringing upon the fundamental right to marry in violation…
