The decision in Obergefell v. Hodges, hot off the press, is 103 pages long, but here it is. Some instant analysis:
*The due process and Equal Protection clauses of the 14th Amendment to the U.S. Constitution compel states to recognize same-sex marriages.
*The First Amendment will continue to protect those who object to same-sex marriage for religious reasons.
The decision was 5-4, majority opinion by Justice Kennedy, joined by Justices Breyer, Ginsburg, Kagan, and Sotomayor. There were lots of dissenting opinions, and the dissenters were Chief Justice Roberts, and Justices Alito, Scalia, and Thomas.
I'll have something more in-depth on the implications for employers after I've had a chance to analyze the decision.
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
