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In November 2014, following a lengthy series of appeals court rulings from the Fourth, Seventh, Ninth, and Tenth Circuits that state-level bans on same-sex marriage were unconstitutional, the Sixth Circuit ruled that it was bound by Baker v. This created a split between circuits and led to an almost inevitable Supreme Court review.

The Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out, and the evolving understanding of discrimination and inequality that has developed greatly since Baker.

Gregory Bourke and Michael De Leon married in Ontario, Canada, on March 29, 2004. Accordingly, Kentucky's statutes and constitutional amendment that mandate this denial are unconstitutional." The second case from Kentucky, Love v. Maurice Blanchard and Dominique James held a religious marriage ceremony on June 3, 2006.

Kentucky county clerks repeatedly refused them marriage licenses.

Friedman expressed reservations regarding plaintiffs' cause of action, suggesting they amend their complaint to challenge the state's ban on same-sex marriage. Windsor, James "Jim" Obergefell ( ) and John Arthur decided to get married to obtain legal recognition of their relationship. After learning that their state of residence, Ohio, would not recognize their marriage, they filed a lawsuit, Obergefell v.

On March 21, Judge Friedman ruled for the plaintiffs, concluding that, "without some overriding legitimate interest, the state cannot use its domestic relations authority to legislate families out of existence. Kasich, in the United States District Court for the Southern District of Ohio (Western Division, Cincinnati) on July 19, 2013, alleging that the state discriminates against same-sex couples who have married lawfully out-of-state. Because one partner, John Arthur, was terminally ill and suffering from amyotrophic lateral sclerosis (ALS), they wanted the Ohio Registrar to identify the other partner, James Obergefell, as his surviving spouse on his death certificate, based on their marriage in Maryland.

April De Boer and Jayne Rowse held a commitment ceremony in February 2007. A son was born on January 25, 2009, and adopted by Rowse in November.

A daughter was born on February 1, 2010, and adopted by De Boer in April 2011.

The status of same-sex marriage in American Samoa remains uncertain.