In
a landmark opinion, the Supreme Court ruled Friday that states cannot
ban same-sex marriage, establishing a new civil right and handing gay
rights advocates a victory that until very recently would have seemed
unthinkable.
The far-reaching decision settles one of
the major civil rights fights of this era — one that has rapidly evolved
in the minds of the American pubic and its leaders, including President
Barack Obama. He struggled publicly with the issue and ultimately
embraced same-sex marriage in the months before his 2012 re-election.
“No union is more profound than marriage,
for it embodies the highest ideals of love, fidelity, devotion,
sacrifice and family,” Kennedy wrote. “In forming a marital union, two
people become something greater than they once were.”
In a dissent, Justice Antonin Scalia blasted the Court’s “threat to American democracy.”
“The substance of today’s decree is not of
immense personal importance to me,” he wrote. “But what really astounds
is the hubris reflected in today’s judicial Putsch.”
Chief Justice John Roberts wrote that the decision had “nothing to do with the Constitution.
“If you are among the many Americans—of
whatever sexual orientation—who favor expanding same-sex marriage, by
all means celebrate today’s decision. Celebrate the achievement of a
desired goal,” he wrote. “Celebrate the opportunity for a new expression
of commitment to a partner. Celebrate the availability of new benefits.
But do not celebrate the Constitution. It had nothing to do with it.”
The U.S. is now the 21st country to
legalize same-sex marriage nationwide. Married same-sex couples will now
enjoy the same legal rights and benefits as married heterosexual
couples nationwide and will be recognized on official documents such as
birth and death certificates.
The decision affirmed growing public
support in the U.S. for gay marriage, with about two-thirds of Americans
now in favor. And it comes as gay rights groups have seen gay marriage
bans fall rapidly in recent years, with the number of states allowing
gay marriage swelling most recently to 37 — that is, until this ruling.
There were two questions before the Court,
the first asked whether states could ban same sex marriage, the second
asked whether states had to recognize lawful marriages performed out of
state.
The relevant cases were argued earlier
this year. Attorney John Bursch, serving as Michigan’s Special Assistant
Attorney General, defended four states’ bans on gay marriage before the
Court, arguing that the case was not about how to define marriage, but
rather about who gets to decide the question.
The case came before the Supreme Court
after several lower courts overturned state bans on gay marriage. A
federal appeals court had previously ruled in favor of the state bans,
with Judge Jeffrey Sutton of the Sixth Circuit U.S. Court of Appeals
writing a majority opinion in line with the rationale that the issue
should be decided through the political process, not the courts.
Fourteen couples and two widowers
challenged the bans. Attorneys Mary Bonauto and Doug Hallward-Driemeier
presented their case before the Court, arguing that the freedom to marry
is a fundamental right for all people and should not be left to popular
vote.
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