3:38
- ABC News
- June 26, 2015
Supreme Court Ends Same-Sex Marriage Bans Nationwide
See why the justices decided to go in that direction.
The case behind Friday’s decision began in 2013, after the Supreme Court ruled in a separate matter that same-sex spouses must be afforded the same federal benefits as other married couples. That ruling, though, did not tackle the question of whether gay marriage is a Constitutional right.
In the wake of the United States v. Windsor decision in 2013, Ohio real estate broker Jim Obergefell and his dying partner of 20 years were married in Maryland. But the state of Ohio, which has passed a ban on same-sex marriages, refused to recognize Obergefell as a “surviving spouse.”
The U.S. Court of Appeals for the Sixth Circuit backed the state of Ohio, ruling Ohio didn’t have to recognize same-sex marriages performed elsewhere.
Soon enough, the matter landed before the Supreme Court, consolidated with cases fighting over similar issues in Kentucky, Michigan and Tennessee.
The Supreme Court heard arguments in the case on April 28. As with many cases before the high court, many had expected moderate Kennedy to provide the deciding vote in Obergefell vs. Hodges.
During the arguments, Kennedy noted the definition of marriage as between a man and a woman “has been with us for millennia.”
“And it’s very difficult for the court to say, ‘Oh well, we know better,’” he said.
In 2004, Massachusetts became the first state to allow same-sex marriage. In the years since, as other states followed suit, the U.S. government extended certain benefits to same-sex couples.
And four years ago, the Defense Department ended its policy of “Don’t Ask, Don’t Tell,” allowing gay and bisexual soldiers to openly serve in the military.
“After decades of untold struggle, unyielding advocacy and unfathomable bravery, it is clear that we are in the midst of a national awakening,” Attorney General Loretta Lynch told an advocacy group this past week. “Of course, even as we celebrate remarkable advances, it is clear that we still have more work to do.”
ABC News’ Nancy Gabriner, Kate Shaw and Adam Teicholz contributed to this report
Get real-time updates as this story unfolds. To start, just \"star\" this story in ABC News' phone app. Download ABC News for iPhone here or ABC News for Android here.
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