Erin Ellis Obergefell v Hodges BLAW 300.docx - Erin Ellis...

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Erin Ellis BLAW 300 SEC 800 Steve Russell July 22, 2018 Obergefell v Hodges CITATION 576 US _ (2015) FACTS Around 2015, a few states were starting to legalize same sex marriages, but some other states (such as Michigan, Kentucky, Ohio, and Tennessee) started creating laws and amendments to their state constitutions that said the definition of marriage was the legal unity of one man and one woman. The intent of this was to prohibit same sex couples from getting married, or having their marriages that were performed in other states recognized. The three main petitioners discussed in this case are as follows. When James Obergefell’s life partner John Arthur was suffering from amyotrophic lateral sclerosis, the two decided to get married in Maryland where same sex marriages were legal. When Arthur died in Ohio, the state refused to acknowledge their marriage and put Obergefell as his surviving spouse on his death certificate. April DeBoer and her partner Jayne Rowse adopted three children. In Michigan only straight married couples or single individuals may adopt children. So in DeBoer and Rowse’s situation the state treats each child as a child of a single parent, so if one of the partners died, the other would have no legal claim to their children. Before Ijpe DeKoe was deployed to Afghanistan, he and Thomas Kostura were married in New York where same sex marriage was legal. When he

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