Summary: On this episode we present the unabridged oral arguments in Obergefell v. Hodges (and the consolidated cases), concerning the constitutionality of states refusing to issue marriage licenses to same sex couples. The oral arguments were divided to consider two separate questions. The Court reserved 90 minutes of oral arguments to consider whether the Fourteenth Amendment requires a state to license a marriage between two people of the same sex. The Court then reserved one hour of oral arguments to consider whether the Fourteenth Amendment requires a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.
