Abstract
After the U.S. Supreme Court ruled in Obergefell v. Hodges that prohibitions on same-sex marriage violate the equal protection guarantees of the U.S. Constitution, several government officials in American Samoa issued statements claiming that the decision had no effect in American Samoa, and, to date, no same-sex couples have
applied for a marriage license in the territory. This Article analyzes the Obergefell decision in light of other federal and territorial court decisions that determined the applicability of constitutional rights to U.S. territories and concludes that, despite the statements of local officials, the Obergefell decision applies in American Samoa, and the territory would have to issue a marriage certificate to any same-sex couple that applied for one. The Article also lays out a roadmap for how any same-sex couple that wants to get married in American Samoa could obtain a marriage license, including a guide to which courts they would need to file their lawsuit in if local officials illegally deny their marriage license application.
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