美国同性婚姻合法化判决—“奥伯格费尔诉霍奇斯”案判决主文

The Legalization of Same-sex Marriage in the United States:Obergefell v. Hodges Opinion of the Court

本案争议的焦点是根据宪法第十四修正案,各州是否应当为同性伴侣办理结婚登记,并承认在外州合法缔结的同性婚姻的效力。在历史上婚姻被定义为两个异性的结合,但婚姻制度的发展史是一个兼具变与不变的过程。第十四修正案的正当程序条款保障人的基本自由,四项原则和传统表明宪法对婚姻的基本保护应当适用于同性婚姻:实现个人自治、婚姻结合的重要性、对儿童和家庭的保障、婚姻对社会秩序的基石作用。同性情侣的婚姻权也可以从第十四修正案的平等保护原则中推出。本案的结论无需留待更多的立法、司法和民间讨论的实践积累后得出。一州拒绝承认在另一州缔结的合法同性婚姻没有法律依据。撤销原判,同性婚姻合法性应予承认。

The focus of this case is whether the Fourteenth Amendment requires a State to license a marriage between two people of the same sex or to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. In history, marriage is defined as a union between two persons of the opposite sex, but the history of marriage is one of both continuity and change. The Fourteenth Amendment＇s Due Process Clause protect the fundamental liberties. Four principles and traditions demonstrate that same-sex couples have the equal fundamental right of marriage： the individual autonomy, the importance of marriage to the committed individuals, the safeguard for children and families, the effect of marriage to the Nation＇s social order. The right of same-sex Amendment＇s guarantee of equal protection. The conclusion and debate. There is no lawful basis for a State to refuse to another State. couples to marry is also derived from the Fourteenth do not need to wait for further legislation, litigation, recognize a lawful same-sex marriage performed in