Which constitutional protections did Obergefell v. Hodges rely on to require states to permit same-sex marriage?

Which constitutional protections did Obergefell v. Hodges rely on to require states to permit same-sex marriage?

• A. Commerce Clause
• B. Due Process and Equal Protection Clauses of the Fourteenth Amendment
• C. First Amendment
• D. Tenth Amendment

Answer: (B)

The question hinges on recognizing that Obergefell v. Hodges rests on the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The Court treated marriage as a fundamental liberty protected by due process, so denying same-sex couples the right to marry infringes a core liberty interest. At the same time, the decision used equal protection to show that denying same-sex couples the right to marry discriminates based on sexual orientation (and the sex of the partners) without a legitimate justification, thus violating equal protection. Together, these clauses require states to permit same-sex marriages and to recognize marriages performed elsewhere. The other options don’t fit because the Commerce Clause governs interstate commerce, the First Amendment protects speech, religion, and related freedoms, and the Tenth Amendment concerns reserved state powers. None of those provide the basis for a nationwide mandate to allow or recognize same-sex marriage.

The question hinges on recognizing that Obergefell v. Hodges rests on the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The Court treated marriage as a fundamental liberty protected by due process, so denying same-sex couples the right to marry infringes a core liberty interest. At the same time, the decision used equal protection to show that denying same-sex couples the right to marry discriminates based on sexual orientation (and the sex of the partners) without a legitimate justification, thus violating equal protection. Together, these clauses require states to permit same-sex marriages and to recognize marriages performed elsewhere.

The other options don’t fit because the Commerce Clause governs interstate commerce, the First Amendment protects speech, religion, and related freedoms, and the Tenth Amendment concerns reserved state powers. None of those provide the basis for a nationwide mandate to allow or recognize same-sex marriage.