Obergefell v. Hodges: Celebrating Ten Years of Equality

Ten years ago today, the United States Supreme Court's landmark Obergefell v. Hodges ruling made marriage equality the law of the land across the country. For Arizona, the decision marked the end of a decades-long process that began with an unexpected courthouse visit in 1975.

Arizona's connection to marriage equality dates back nearly 50 years. In January 1975, Sam Burnett and Tony Secuya obtained what is believed to be the state's first same-sex marriage license at the old Maricopa County courthouse in Phoenix. The couple was able to secure the license because no law at the time explicitly prohibited same-sex marriages.

"As far as we know, it is the first instance of a same-sex marriage license being issued in Arizona," said Marshall Shore with the Arizona LGBTQ+ History Project, speaking from the site of the historic courthouse.

The license prompted swift legislative action, with lawmakers introducing an emergency bill to prohibit same-sex marriages. However, community advocacy groups, including the newly formed Gay People's Alliance, successfully lobbied against the measure, and it failed to pass.

Arizona officially recognized same-sex marriage on October 17, 2014, following a federal court ruling that struck down the state's constitutional ban on such unions. The state chose not to appeal the decision, immediately legalizing same-sex marriage statewide—eight months before the Supreme Court's nationwide ruling.

The 2015 Obergefell decision provided additional legal foundation, with Justice Anthony Kennedy writing in the majority opinion that couples seeking marriage "ask for equal dignity in the eyes of the law. The Constitution grants them that right."

Looking ahead, Arizona may join other states in further protecting marriage equality through constitutional amendments. Proposed ballot initiatives for 2026 would repeal remaining state restrictions on same-sex marriage and explicitly prohibit the denial of marriage licenses based on sex, gender, or race.

Even though same-sex marriage is legal due to federal court rulings, many states still have traditional constitutional amendments or laws on the books that technically define marriage as "between one man and one woman." These proposed ballot measures would remove these restrictions entirely.

Similar measures are being considered in Idaho, Nebraska, and Virginia as states seek to strengthen protections for same-sex marriage. According to the Movement Advancement Project, more than two dozen states currently have laws that would ban same-sex marriage if the Obergefell decision were overturned.

Arizona Attorney General Kris Mayes commemorated the anniversary on social media, stating: "Today marks ten years since the Supreme Court's landmark Obergefell decision affirmed that same-sex couples have the fundamental right to marry. We celebrate the love and dignity that ruling recognized—but the fight for equality is not over."

The Supreme Court's 2015 ruling resolved what had been a complex patchwork of state laws, with some states recognizing same-sex marriages while others banned them entirely. The 5-4 decision established that the right to marry is "a fundamental right inherent in the liberty of the person" under the 14th Amendment's equal protection clause.

As Arizona and the nation mark this milestone anniversary, the state continues to be part of ongoing efforts to ensure marriage equality protections remain secure. The proposed 2026 ballot measures represent another opportunity for voters to directly affirm their support for marriage equality at the state level.

From the courthouse steps in 1975 to today's anniversary observances, Arizona's journey reflects broader national progress on LGBTQ+ rights while highlighting the ongoing work to maintain and strengthen these protections for future generations.