NEWS / Same-sex marriage certificates under question after court case requests overturn of 2015 legalization of same-sex marriage nationwide

A case requesting the overturn of Obergefell v. Hodges, which legalized same-sex marriage nationwide in the United States in 2015, has been announced, as reported by QnotesCarolinas. It is not clear whether the US Supreme Court will hear the case or will return it to the states.

The case stems from a years-long battle between Kim Davis, the County Clerk of Rowan County, Kentucky, and a same-sex couple—David Moore and David Ernold—who were denied a marriage license after the 2015 Supreme Court ruling that required all US states to provide the same marriage rights to same-sex couples as they do to traditional opposite-gender ones. Davis was sued by the couple and was found in contempt of court for refusing to comply with the court’s order to issue a marriage license, as well as a total payment of $360,104 for violating the couple’s constitutional rights and their attorney fees. Davis and her lawyers from Liberty Counsel are now appealing those rulings as well as the constitutionality of Obergefell v. Hodges.

While the overturn of the 2015 Supreme Court decision will allow states to prohibit the administration same-sex marriages, including the issuance of marriage licenses and certificates, these states would still be required to recognize same-sex marriages performed in other states. This is a stipulation of the 2022 Respect for Marriage Act (RMA) passed during the presidency of Joe Biden.

If the Supreme Court does devolve the decision to devolve same-sex marriages to the states, it is likely that California, Colorado, Connecticut, the District of Columbia, Hawaii, Iowa, Massachusetts, Nevada, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin, which do not have any restrictions of same-sex marriages, will serve as safe havens for couples trying to get married, with the other states being required to recognize their matrimony provided they present a duly issued marriage certificate to that effect.

In order for the marriage to be recognized in a foreign country, however, the marriage certificate would also need to be duly authenticated by means of an apostille or authentication certificate, provided the country recognizes same-sex marriages performed abroad. If you require assistance with retrieving or legalizing your marriage certificate (by means of apostille or authentication certificate), please contact us by e-mail at info@apostille.us or by phone at (212) 233-7061. You can also place an order on our website.