2016 presidential candidates on Obergefell v. Hodges

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This page was current as of the 2016 election.

On June 26, 2015, the United States Supreme Court held in Obergefell v. Hodges that same-sex marriage is protected under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Consequently, same-sex marriage bans were struck down as unconstitutional, and same-sex marriages performed out-of-state must be recognized in other states. Justice Anthony Kennedy authored the opinion and Justices Ruth Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas, and Samuel Alito each authored a dissent.

Although the Democratic presidential candidates generally supported the legalization of same-sex marriage, the Republicans were divided by the issue. In response to Obergefell, some Republican candidates called for an amendment to the Constitution to redefine marriage, retention elections for Supreme Court justices, and greater protection of religious liberty for those who oppose same-sex marriage on religious grounds.

See below what the 2016 presidential candidates and their respective party platforms said about Obergefell v. Hodges and marriage equality.

Democratic candidate

Hillary Clinton

• Speaking at a fundraiser for the Virginia Democratic Party on June 26, 2015, Hillary Clinton applauded the Supreme Court's decision in Obergefell v. Hodges and criticized the Republicans' rejection of marriage equality. Clinton said, "This morning, they all decried the Supreme Court's ruling upholding marriage equality—we even heard them call for a constitutional amendment to strip away the right to equality from our gay brothers and sisters. Instead of trying to turn back the clock, they should be joining us in saying loudly and clearly, 'No, no' to discrimination once and for all. I'm asking them, please: Don't make the rights, the hopes, of any American, a political football for this 2016 campaign."

• Read more of Hillary Clinton's public statements on LGBTQ issues.

The 2016 Democratic Party Platform on LGBTQ rights

“ Guaranteeing Lesbian, Gay, Bisexual, and Transgender Rights Democrats applaud last year’s decision by the Supreme Court that recognized that LGBT people—like other Americans—have the right to marry the person they love. But there is still much work to be done. LGBT kids continue to be bullied at school, restaurants can refuse to serve transgender people, and same-sex couples are at risk of being evicted from their homes. That is unacceptable and must change. Democrats will fight for the continued development of sex discrimination law to cover LGBT people. We will also fight for comprehensive federal nondiscrimination protections for all LGBT Americans, to guarantee equal rights in areas such as housing, employment, public accommodations, credit, jury service, education, and federal funding. We will oppose all state efforts to discriminate against LGBT individuals, including legislation that restricts the right to access public spaces. We support a progressive vision of religious freedom that respects pluralism and rejects the misuse of religion to discriminate. We will combat LGBT youth homelessness and improve school climates. We will support LGBT elders, ensure access to necessary health care, and protect LGBT people from violence— including ending the crisis of violence against transgender Americans. We will also promote LGBT human rights and ensure America’s foreign policy is inclusive of LGBT people around the world. ” —2016 Democratic Party Platform

Republican candidate

Donald Trump

• In a June 28, 2015, interview on CNN's "State of the Union," Donald Trump was asked by anchor Jake Tapper how Trump's three marriages fit into the definition of "traditional marriage." Trump responded that someone asking the question has "a very good point" and suggested he was at fault for his divorces. Tapper said he wasn't asking for an explanation for Trump's divorces, but rather what he would say to a gay person on this question. Trump answered, "I don't say anything. I'm just for traditional marriage."

• On June 26, 2015, following the Obergefell v. Hodges ruling, Trump tweeted, "Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember!"

• Read more of Donald Trump's public statements on LGBTQ issues.

The 2016 Republican Party Platform on Obergefell v. Hodges

“ Defending Marriage Against an Activist Judiciary Traditional marriage and family, based on marriage between one man and one woman, is the foundation for a free society and has for millennia been entrusted with rearing children and instilling cultural values. We condemn the Supreme Court’s ruling in United States v. Windsor, which wrongly removed the ability of Congress to define marriage policy in federal law. We also condemn the Supreme Court’s lawless ruling in Obergefell v. Hodges, which in the words of the late Justice Antonin Scalia, was a “judicial Putsch” — full of “silly extravagances” — that reduced “the disciplined legal reasoning of John Marshall and Joseph Storey to the mystical aphorisms of a fortune cookie.” In Obergefell, five unelected lawyers robbed 320 million Americans of their legitimate constitutional authority to define marriage as the union of one man and one woman. The Court twisted the meaning of the Fourteenth Amendment beyond recognition. To echo Scalia, we dissent. We, therefore, support the appointment of justices and judges who respect the constitutional limits on their power and respect the authority of the states to decide such fundamental social questions. ” —2016 Republican Party Platform

Green candidate

Jill Stein

• Ballotpedia is unaware of any public statements made by Jill Stein on Obergefell v. Hodges.
• According to her 2012 presidential campaign website, Jill Stein advocated for "marriage equality nationwide to end discrimination against same-sex couples."
• Read more of Jill Stein's public statements on LGBTQ issues.

The 2016 Green Party Platform on LGBTQ rights

“ Civil Rights and Equal Rights 5. Sexual Orientation and Gender Identity In keeping with the Green Key Values of diversity, social justice and feminism, we support full legal and political equality for all persons, regardless of sex, gender, sexual orientation, or gender identity, characteristics, and expression. a. The Green Party affirms the rights of all individuals to freely choose intimate partners, regardless of their sex, gender, gender identity, or sexual orientation. b. The Green Party recognizes the equal rights of persons who identify as gay, lesbian, bisexual, intersex, trans-sexual, queer, or transgender to housing, jobs, civil marriage, medical benefits, child custody, and in all areas of life including equal tax treatment. c. The Green Party will be inclusive of language in local, state and federal anti-discrimination law that ensures the rights of intersex individuals and prohibits discrimination based on gender identity, characteristics, and expression as well as on sex, gender, or sexual orientation. We are opposed to intersex genital mutilation. d. The Green Party affirms the right of all persons to self-determination with regard to gender identity and sex. We therefore support the right of intersex and trans-gender individuals to be free from coercion and involuntary assignment of gender or sex. We affirm the right of access to medical and surgical treatment for assignment or reassignment of gender or sex, based on informed consent. e. We will pursue legislation against all forms of hate crimes, including those directed against people who identify as lesbian, gay, bisexual, queer, transgender, and inter-sex. Offenders must pay compensation to the LGBTIQ people who have suffered violence and injustice. f. The Green Party will end all Federal military and civilian aid to national governments whose laws result in the imprisonment or otherwise bring harm to citizens and residents based on sexual orientation, or gender identity, characteristics, and expression. g. The Green Party will enact a policy that the U.S. Government recognize all international marriages and legal equivalents, such as civil unions, in processing visitor and immigration visas. h. The Green Party would end security surveillance and covert infiltration of organizations that promote equal rights on the basis of sexual orientation and gender identity. ” —2016 Green Party Platform

Libertarian candidate

Gary Johnson

• Ballotpedia is unaware of any public statements by Gary Johnson on Obergefell v. Hodges.
• In February 2013, Gary Johnson signed an amicus brief in the Supreme Court to oppose California Proposition 8 which made same-sex marriage illegal in California.
• Read more of Gary Johnson's public statements on LGBTQ issues.

The 2016 Libertarian Party Platform on personal relationships

“ 1.4 Personal Relationships Sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships. ” —2016 Libertarian Party Platform

Withdrawn candidates

Democrats

• Lincoln Chafee on Obergefell
• Martin O'Malley on Obergefell
• Bernie Sanders on Obergefell

Republicans

• Jeb Bush on Obergefell
• Ben Carson on Obergefell
• Chris Christie on Obergefell
• Ted Cruz on Obergefell
• Carly Fiorina on Obergefell
• Lindsey Graham on Obergefell
• Mike Huckabee on Obergefell
• Bobby Jindal on Obergefell
• Rand Paul on Obergefell
• Rick Perry on Obergefell
• Marco Rubio on Obergefell
• Rick Santorum on Obergefell

Recent news

The link below is to the most recent stories in a Google news search for the terms 2016 presidential candidates on Obergefell v. Hodges. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

2016 presidential candidates on Obergefell v. Hodges - Google News

See also

• Obergefell v. Hodges
• Same-sex marriage in the federal courts
• State executive responses to Obergefell v. Hodges
• Local government responses to Obergefell v. Hodges
• State legislative responses to Obergefell v. Hodges
• Marriage and family on the ballot

External links

• ProCon.org's "Was the US Supreme Court Decision Legalizing Same-Sex Marriage a Good Decision?"