Obergefell v. Hodges and LGBTQ Youth: Does It Even Matter?

• In Event: Educational Leadership After Obergefell v. Hodges

Abstract

Background and Purpose of the Study
On June 26, 2015, the Supreme Court of the United States rendered their decision in the case of Obergefell v. Hodges (2015). In a 5 to 4 vote for the plaintiff, the court decided that the Fourteenth Amendment (1) requires a state to license a marriage between two people of the same sex and (2) also requires a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state. Clearly this is a decision of historic consequence not only for the same sex couples immediately affected but for the entire nation as we move towards a governmental policy of greater inclusion.

In light of this new context, the purpose of this study was to examine the possible impact(s) of the Supreme Court decision on the lives and aspirations of LGBTQ youth as they navigate this new cultural terrain.

Perspective
This research is situated at the intersection of two oftentimes conflicting bodies of educational theory: traditional gay/lesbian theory (Halperin, 2012) and the more defiant queer legal theory (Fineman, Jackson, & Romero, 2009). It is unusual to combine these bodies of literature into one study; however, given the complexity of the different ways LGBTQ youth envisage their social possibilities in this new historical context, access to the assumptions and understandings of each of these theoretical frameworks provides greater flexibility in the interpretation of the results. Through traditional gay/lesbian theory, the politics of identity and strategic essentialism can help us to understand the appeal of some of the newly available rights and privileges that result from Obergefell. Queer legal theory allows us to understand the perspectives of those who are more critical of the heteronormative processes at work.

Methods
Standard qualitative research methods (Creswell, 2013; Seidman, 2013) were used for this project and included individual interviews and focus groups. Whereas the individual interviews allowed for greater depth into the exploration of the topic, the focus group sessions provided the opportunity to gauge the reactions to the questions in a more public forum.

In addition to the qualitative methods mentioned above, an analysis of the text of the Supreme Court decision was also undertaken using a queer legal theoretical perspective in order to uncover the heteronormative assumptions underlying both the majority and the dissenting opinions.

Data Sources
For this project, we interviewed adolescents (individually and in focus groups) who are members of the Gay, Lesbian, Straight Educators Network (GLSEN) Youth Group in a major metropolitan area in the Midwest. We also used the text of the Supreme Court decision itself as the backdrop for this analysis.

Results
The findings from this study reveal a complex array of responses, ranging from elation and joy to indifference depending largely on the political and identity differences of the participants.

Significance
This study is important insofar as it allows us to determine the effects of these newly-recognized legal relationships and the myriad ways in which individuals insert themselves (or not) into these new social structures.

Author

• James W. Koschoreck, Northern Kentucky University