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The justices' opinions in Obergefell are consistent with their opinions in Windsor which rejected DOMA's recognition of only opposite-sex marriages for certain purposes under federal law. Prior to Obergefellsame-sex marriage had already been established by law, court ruling, or voter initiative in thirty-six states, the District of Columbiaand Guam. Weekly Fed. The Christian Post. Morgan Loving v. Theodore Wymyslo, the lead defendant, was then director of the Ohio Department of Health. The court in the Colorado case ruled that baker Jack Phillips was subjected to anti-religious bias in the Colorado Civil Rights Commission's determination that he violated state anti-discrimination in refusing to bake the couple's wedding cake.

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Alabama Griswold v. Board of Regents of Univ. Several have chosen to exercise this option since the Obergefell ruling. The majority held that state same-sex marriage bans are a violation of the Fourteenth Amendment 's Due Process and Equal Protection Clauses.

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The cake shop was also required to provide quarterly reports about how it handled prospective customers.

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