Obergefell: A Game-Changer for Women

Abstract

When the Supreme Court of the United States expanded marriage to same sex couples in Obergefell, that decision became a game-changer for women in three areas. First, Obergefell changes women’s relationships with men. Second, it affects and alters equality for women in many ways. Third, Obergefell modifies the relationship between women and their children by removing a required complementary party of opposite gender in parenting, and thus loading a double-burden of parenting on a greater number of mothers.

We will illustrate this thesis by introducing the topic with a description of the Court’s intentional movement from conjugal norms in marriage to a pure consent-based theory of marriage. In Part I, we discuss how Obergefell changes women’s relationships with men. Part II then examines how the case affects and alters equality for women. Part III illustrates how Obergefell modifies the relationship between women and their children, by removing a required complementary party of opposite gender in parenting.

Keywords: Marriage, Obergefell, Gender Equality, Parenting, Women, Mothers, Children

JEL Classification: I30, I31, I32, I38, I39, K00, K10, K19, K30, K39