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James Obergefell (left), the plaintiff in Obergefell vs. Hodges and his lawyer, Al Gerhardstein (right) at the Marriage Equality Decision Day Rally in front of the US Supreme Court.

James Obergefell

Born in 1966 in Sandusky, Ohio, as the youngest of six in a Catholic family, James, also known as Jim, Obergefell, is now known as the plaintiff in the Supreme Court case, Obergefell v. Hodges, which legalized same-sex marriage. After his husband, John Arthur’s, death in 2013, and his inability to legally be considered Arthur surviving spouse on his death certificate, Obergefell took to court, beginning his years of fighting for same-sex rights.

Early Life

Obergefell graduated from Sandusky High School in 1984 and went on to attend the University of Cincinnati where he earned a degree in secondary education and German. He attended graduate school at Bowling Green State University. Out of college, he was a high school German teacher. After years of hiding his sexuality, finally, when he was in his mid-20's, he came out to his eldest sister. At the time, his mother was dead, but the rest of his family was not too surprised by his announcement. While his dad was not always supportive, he found a strong relationship with his Aunt Paulette.

Obergefell v. Hodges case

Personal Life

Then, in 1992, at a bar near the University of Cincinnati, Obergefell met John Arthur, a man who soon, after several different interactions and a district and Supreme Court case, became his husband. Obergefell and Arthur became inseparable. They began dating, moved in together, worked in IT consulting and client relations management at several companies, and after years of being together, Arthur was diagnosed with ALS. Jim acted as John’s caretaker for the rest of their relationship, helping his partner through every wave of the illness. By 2013, he became bed bound and Obergefell and Arthur decided to get married. Same-sex marriage was illegal in their home state of Ohio so in order to get married, they would have to go to another state. Close friends and family of the couple pooled together to rent a medically equipped plane for the couple to travel for their marriage. On June 11, 2013, the couple got an ambulance to escort Arthur to a private plane that flew Arthur, Obergefell, a nurse, and Arthur's aunt, who performed the ceremony, to Baltimore, where the marriage was performed while the plane sat on the tarmac. After 22 years of being together, the relationship ended October 22nd, 2013 when John died.

Court Appearance

After getting married and meeting with Al Gerhardstein, a local civil rights attorney, they were told that due to Ohio's same-sex marriage ban, Obergefell cannot be listed as Arthur's surviving spouse on his death certificate. They later filed a lawsuit, and the Ohio case became known as Obergefell v. Kasich. A federal judge agreed to hear the case the following court day due to John's illness. The judge ruled in Obergefell's favor, but the state of Ohio appealed to a higher court and won, resulting in Obergefell's appeal to the Supreme Court. Arthur passed away and soon, Obergefell devoted his time and became committed to legalizing same-sex marriage for all with the Supreme Court case Obergefell v. Hodges. The two questions that would drive Obergefell’s appeal to court would be: 1) whether it was constitutional for states to discriminate between gay and straight couples in granting marriage licenses and 2) whether the Constitution required every state to recognize legal marriages of same sex couples who were married in another state. The case took place on Friday, June 26 in 2015 and Obergefell won with the support of five judges. Justice Anthony Kennedy, who wrote the majority opinion for the case, stated in the court: “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming  a marital union, two people become something greater than they once were.” After winning the case, Jim stated: “affirms what millions across the country already know to be true in their hearts: our love is equal. The four words etched onto the front of the Supreme Court ‘equal justice under law’ apply to us, too.” President at the time, Barack Obama, even reached out to congratulate Obergefell and thank him for “his leadership that has changed our country.”

Media Appearance

When Justice Anthony Kennedy retired, Obergefell was very vocal in the media on his opinions of the judge’s decision to resign. Obergefell admitted to feeling “despondent” because he believed the loss of Justice Kennedy could have repercussions, especially for the LGBTQ+ community. Obergefell believes Justice Kennedy’s legacy is undermined by this decision to retire during a Trump presidency. Obergefell stated on the issue: I wouldn’t trust any Justice nominated by this president to respect and protect LGBTQ+ rights.

Career

Prior to his experience in court, Jim was a consultant and realtor in Ohio. He consulted with his partner John. After the case won in the Supreme Court in 2016, Jim spent a year traveling to speak around the globe about the case and his own life. While Obergefell is credited with the victory of a landmark Supreme Court case, he had made it apparent he was not undergoing the case for financial reasons. He would only receive $225 in social security benefits and potentially a small disabilities benefit when he retired from the state of Ohio. Jim cofounded Equality Vines after the trial, the first cause based wine label that supports organizations devoted to civil rights and equality for all. He also works with Keppler Speakers as a speaker and an activist. Most notably, Obergefell co authored the book Love Wins with Debbie Cenziper. The book explores the lives of the lovers and always who were essential to the victory of Obergefell v. Hodges. Jim now also volunteers to officiate weddings, having officiated 8 same sex marriages and one straight couple after the victory of his trial.

Recognition

In 2016, the National Underground Railroad Association Freedom in Cincinnati honored Jim with the Everyday Freedom Hero award. The award is given to people whose actions reflect the ideals of the underground railroad. The city council of Cincinnati made June 28th, the day of the ruling, John Arthur day as an ode the supreme court case from the two men who lived their together for two decades. The city of Cincinnati also hosted Jim at a city gathering in a local ballroom the Phoenix where 400 city members came to hear him speak. The mayor of the town, John Cranely, refers to Obergefell as a “historic figure” for their city and our country. In 2015, Foreign Policy named Obergefell one of its 2015 Global Thinkers. In the same year, Out magazine also named Obergefell on its 2015 Out 100 list. Jim was also appointed to be a member of the National Advisory Board for the GLBT Historical Society and the Board of Advisors for the Mattachine Society of Washington DC.