 |
| Image: Ted Eytan |
Written by Marcos Camargo
On Friday June 26, the Supreme Court ruled 5-4 to legalize same-sex marriage nationwide. The historic ruling comes after decades of national debate and legal battles in lower courts. Supporters of marriage equality cheered and hugged outside the court after the announcement was made.
Justice Anthony Kennedy, the Court’s swing vote, delivered the majority opinion, which drew on the importance of marriage throughout history, making reference to Confucius and Cicero. The majority wrote that although “it is fair and necessary to say these references were based on the understanding that marriage is a union between two persons of the opposite sex,” the freedom granted by the Constitution necessitates that marriage “cannot end there.”
“Far from seeking to devalue marriage, the petitioners seek it for themselves because of their respect—and need—for its privileges and responsibilities,” the opinion continued. “And their immutable nature dictates that same-sex marriage is their only real path to this profound commitment.”
The majority cited both the due process and the equal protection clauses of the Fourteenth Amendment, stating that individuals have a right to “intimate association.”
The majority also cited the effect that marriage inequality has on children: “Without the recognition, stability, and predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser.”
In a rare move, each of the dissenting justices delivered their own opinion. Chief Justice John Roberts argued strongly that the Constitution does not endorse same-sex marriage.
“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision,” Roberts wrote. “Celebrate the achievement of a desired goal. 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 ruling reversed the law in the 13 states where same-sex marriage was still illegal. All states are expected to start issuing marriage licenses to same-sex couples within hours.
