What Did Obergefell Change? Clearance of Intimate Partner Violence Before and After the Legalization of Same-Sex Marriage

Abstract

Historically, same-sex intimate partner violence (IPV) was ignored, and victims often experienced high rates of harassment and intimidation from police, leading to low reporting of same-sex IPV incidents, victims’ unwillingness to cooperate with the police, and common arrests in such incidents. Although the Supreme Court’s decision in Obergefell v. Hodges (2015) legalized and legitimized same-sex marriages and relationships in the U.S., mandating the inclusion of same-sex partners in protective order laws and yielding collateral benefits for victims of same-sex IPV, it is unclear if the decision has had a positive effect on same-sex IPV clearance rates. This study uses National Incident-Based Reporting System data to compare IPV clearance (arrest, dual arrest, victim noncooperation, and prosecution declined) pre (2013/2014) and post (2016/2017) Obergefell v. Hodges (2015). Regression results show no substantial changes in same-sex IPV clearance after Obergefell v. Hodges (2015). Compared to opposite-sex IPV, same-sex IPV was less likely to be cleared by arrest but much more likely to be cleared by dual arrest, victim noncooperation, and prosecution declined. Same-sex IPV involving Black couples and married partners were also less likely to be cleared by arrest but more likely to be cleared by dual arrest than Black/White same-sex IPV and incidents involving unmarried partners, respectively. Moreover, same-sex IPV victims experience unfavorable criminal justice outcomes in states with mandatory arrest policies but fare better in states that supported same-sex relationships prior to Obergefell. The implications of these findings for practice and research are discussed.