Congressional Digest

Supreme Court Debates January 2018 No. 1 Vol. 21
Civil Rights for Same-Sex Couples

Same-Sex Wedding Cakes

Anti-Discrimination Laws and Religious Freedom

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Civil Rights for Same-Sex Couples

Overview of Supreme Court Precedent

As a result of the Obergefell v. Hodges (2015) decision, Federal, State, and local governments may not discriminate against same-sex couples seeking to marry. The decision did not recognize general Fourteenth Amendment protection based on sexual orientation, nor does it dictate the behavior of private parties. However, through civil rights legislation, Federal, State, or local governments may regulate the behavior of private entities that operate public accommodations (i.e., entities that provide goods and services to the general public); those that provide housing, employment, or credit; or those that receive public funds. Although existing Federal civil rights law does not provide…

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