Columbus partner Erika Haupt comments in Law360 on the watershed moment for gay marriage in the U.S. with the release of the decision in Obergefell et al. v. Hodges et al.
Ms. Haupt remarked:
“Writing for the majority in Obergefell v. Hodges, Justice Kennedy compassionately confirms the right of all people to marry. The opinion is consistent with U.S. v. Windsor, which declared DOMA unconstitutional under the Fifth Amendment. Obergefell carries Windsor further in holding that the ‘right of same-sex couples to marry is part of the liberty promised by the 14th Amendment.’ Kennedy acknowledges that marriage is fundamental to our legal and social order. To deny that right to same-sex couples serves to subordinate them. While religious views — protected by the First Amendment — on marriage may differ, our Constitution requires us to treat our citizens equally. However a higher power may judge same-sex couples, the Obergefell decision is legally sound.”
Excerpted from "Attorneys Rally Around High Court's Gay Marriage Decision." (Subscription required)