In 1973 Maryland became the first state to create a law that explicitly defines marriage as a union between a man and a woman, and other states were eager to adopt Maryland’s course (Virginia 1975, Florida, California and Wyoming 1977).
#STATE PROPERTY 2 SEX LICENSE#
Nelson the Supreme Court of the United States declined to hear the case about the denial of the marriage license application for same-sex couple “for want of a substantial federal question.” This ruling blocked federal courts from reviewing same-sex marriage cases for decades, leaving the decision solely in the hands of states. The decision influenced not only family law but also property law insurance, tax and business. In addition to giving same-sex couple an opportunity to get legally married the decision also positively influenced other aspects of same-sex couple’s family life, giving them adoption rights possibility to obtain employment and social security benefits as well as health care the ability to be a spouse’s next-of-kin for purposes of making medical decisions etc. Justices Roberts, Scalia, Thomas and Alito dissented. In this decision Justice Kennedy also declared that “the reason marriage is fundamental…apply with equal force to same-sex couples”, so they may “exercise the fundamental right to marry.” The majority decision was signed by Justices Breyer, Ginsburg, Kagan and Sotomayor. Writing for the majority, Justice Anthony Kennedy asserted that the right to marry is a fundamental right “inherent in the liberty of the person” and is therefore protected by the due process clause of the Fourteenth Amendment, which prohibits the states from depriving any person of “life, liberty or property without the due process of law.” The marriage right is also guaranteed by the equal protection close, by virtue of the close connection between liberty and equality. Hodges is a landmark case in which on June 26, 2015, the Supreme Court of the United States held, in 5-4 decision, that state bans on same-sex marriage and on recognizing same sex marriages duly performed in other jurisdictions are unconstitutional under the Due Process and Equal Protection clauses of the Fourteenth Amendment to the United States Constitution.
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