In June, the Supreme Court held that state proscriptions on same-sex marriage violate the Fourteenth Amendment. Obergefell v. Hodges declared that same-sex couples possess a fundamental right to marry but left implementation’s daily particulars to federal, state, and local officials. Because formal recognition of marriage equality is a valuable first step but realizing actual marriage equality will necessitate careful implementation of the Justices’ mandate, this effectuation deserves analysis.
Part I principally reviews Obergefell’s rationale for formal marriage equality. Part II assesses implementation of the Court’s mandate. Detecting that a few states and numerous localities have yet to provide comprehensive marriage equality, Part III proffers suggestions for attaining complete equality.
Carl W. Tobias, Implementing Marriage Equality in America, 65 Duke L.J. Online 25 (2015).
Sexuality and the Law Commons, State and Local Government Law Commons, Supreme Court of the United States Commons