Love is love is love. Yesterday on history in the kitchen we celebrated both Pride and the 5th anniversary of the Obergefell v. Hodges decision which made same-sex marriage legal in all states the United States. Hooray for love!

The Case

What’s some of the case background? In 2013, James Obergefell married his partner, John Arthur, in Maryland. They later moved to Ohio where their marriage wasn’t recognized. While in Ohio, John fell ill and passed away, and because their marriage wasn’t recognized in Ohio, James wasn’t allowed to be listed as the surviving spouse on the death certificate. This is what prompted James to sue.

Why is marriage important? Calling it marriage is REALLY important. A civil partnership, while legally recognized, is not the same thing- it indicates second class citizenship because two people who love and are committed to one another didn’t even have the option to get married. That isn’t equality. Further, there are legal benefits to marriage, like being able to share health insurance, being next of kin, being able to make medical decisions, and having visiting rights. The list goes on and on. Same-sex marriage was banned in 14 states in 2015. Remember, if your identity or relationships have never been questioned by anyone, much less the U.S. court system, you have privilege!

What questions did the Supreme Court address? Obergefell claimed that bans on same-sex marriage violated the Equal Protection Clause and Due Process Clause of the 14th Amendment. Basically, he said that marriage laws did not apply equally to same-sex couples and that they were not afforded equal protection under the law. They were being denied a basic right without any legal or fair reason (no due process). In Loving v. Virginia, similar claims were made about interracial marriage, which the Supreme Court protected. This case was excellent precedent for addressing marriage with the 14th Amendment.

What did the Supreme Court decide? The Supreme Court decided by a narrow margin (5-4) that same-sex marriage SHOULD be legal– it was not the state’s right to discriminate in its marriage laws. The majority opinion said that the right to marry is a “fundamental liberty protected by the 14th Amendment.” Marriage is inherent to autonomy and protects the most intimate relationship between two people, it safeguards children and families by being legally recognized, and that marriage has been “historically recognized as a keystone of social order.” Ultimately, the justices decided that there was absolutely no difference in the reasons why same-sex and opposite-sex couples decided to marry and that same-sex couples could not be denied that right.

The rainbow cookie recipe

The rainbow Pride flag was the inspiration for these cookies. Designed in 1978 by Gilbert Baker and inspired by Judy Garland’s “Over the Rainbow,” the flag we see today has 6 colors, each with a different meaning. Red means life, orange means healing, yellow means sunlight, green means nature, indigo means serenity, violet means spirit.

Ingredients:

-1c cold butter sliced into tablespoons before mixing
-2c white granulated sugar
-2tbsp whole milk
-1tsp vanilla extract
-3 large eggs (NOT jumbo!)
-4c all-purpose flour
-3tsp baking powder
-1tsp salt
-Assorted food coloring

1. Preheat the oven to 350 degrees Fahrenheit.
2. Cream the butter and sugar. Beat in the whole milk, vanilla, and eggs until well combined.
3. Slowly add the flour. Then add baking powder and salt. Stir until the dough becomes thick.
4. Split dough into 6 same-size portions (or portions for as many colors as you have). Color each portion to make 6 different colors of dough. A few drops should do the trick for fairly rich colors.

5. Roll each color dough into logs and put them next to one another so that they stick together.

6. Take your rainbow and fold one side over the other to make a “knot”

7. Bake for 15-20 minutes until the cookie sets and the bottom starts turning a golden brown.