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Supreme Court Rules Constitutional Right to Same-Sex Marriage

The Supreme Court ruled 5-4 today that the Fourteenth Amendment requires a state to license a marriage between two people of the same sex. States must also recognize a marriage between two people of the same sex when a marriage was lawfully licensed and performed in another state, according to SCOTUSblog.

Justice Anthony Kennedy joined the majority and read the decision from the bench. Dissenting were Chief Justice Roberts and Justices Alito, Scalia and Thomas.

“The court now holds that same-sex couples may exercise the fundamental right to marry. No longer may this liberty be denied to them,” Kennedy wrote

SCOTUSblog quotes further from the opinion:

“It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality . . . Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.”

The decision means that states can no longer ban gay marriage. It reverses a previous decision by the Sixth Circuit U.S. Court of Appeals, which upheld state bans and said the matter should be decided by legislatures, not the courts.

Scalia wrote that the decision shows the Supreme Court is a threat to democracy.

The ruling “says that my ruler and the ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court,” Scalia said.

President Obama makes a statement on the ruling at 11:00 am ET.

49 Responses to Supreme Court Rules Constitutional Right to Same-Sex Marriage

    • Which brings us to the First Amendment……

      “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof……..”

      So now if a Church or Synagogue, applying the “free exercise” of its religion and tenets, refuses to officiate a gay marriage, it now violates the law, because the Supreme Court just prohibited that religion’s free exercise thereof.

      This will not end well.

  1. Coming soon to a church near you:
    Lawsuit against churches that won’t perform gay marriage ceremonies.
    I actually can get the equal protection argument because they were being denied benefits under our twisted social engineering tax code.
    After this week though I’m fully embracing a convention of the states. I’d rather risk that than endure the slow tortured death that SCOTUS legislating from the bench is already doing.

  2. This decision is akin to yesterday’s, in that the Justices voted on public opinion, on the feel good nature of law, not the actual basis of the law.

    I am delighted for those couples who have longed for this equality but I do worry for the store owners, the church leaders, and those other folks who will come in harms way for daring to oppose. They will be hung out to dry, literally.

  3. Actually, religious institutions are still not required to perform same-sex marriages.

    See opinion, page 27:

    “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and
    persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered. The same is true of those who oppose same-sex marriage for other reasons. …”

    So, don’t freak out too much about the future of America. Instead, stand for what you believe.

  4. Guess we have met the destruction of the traditional family–1973 Roe v. Wade–now 2015 ruling that is no longer a slippery slope but a declaration against God’s Word. What Judgment these 5 justices have placed upon themselves is frightening to think about! God is still in control, and He has given Americans many chances, but the snub is evident.

  5. The majority bases its conclusion that same-sex marriage is a fundamental right on “four principles and traditions”: (1) right to person choice in marriage is “inherent in the concept of individual autonomy”; (2) “two-person union unlike any other in its importance to the committed individuals”; (3) marriage safeguards children and families; (4) marriage is a keystone to our social order.


    Thank you, Scalia, Thomas and Alito. Roberts….couldn’t care less.

  6. Like many Americans, I have no problem with gay marriage as a civil union. But the challenge to the religious affiliations that retain the right of refusal will be not far ahead.

    Today’s ruling has only set up future battle lines


  7. “gays and lesbians”, “same-sex couples”:
    JusticeKennedy seems to be loathe to call them what they are – homosexuals.
    The MSM doesn’t like to call them homosexuals, either.

    For the record, I don’t care who marries who, or even how many.
    As we all know, “how many” is the next fight.

  8. The shoe dropped. I looked around–everything is still standing, we still have the internet, WHD, slushies and Frosties, indoor plumbing, and all the appurtenances of civilization. No straight couples are forced to divorce and now gay couples have to go through all that if they make a bad decision. It does bug me that Roberts used opposite logic, but I have pretty much come to accept that no words mean anything anymore.

  9. I think what we are witnessing a shift of generations. The Millennials (83 million) outnumber the Baby Boomers (75 million). The Millennials are more interested in social issues such as same sex marriage rather than economic issues,

  10. And from the wisdom of Dame Margaret Thatcher…
    “Left-wing zealots have often been prepared to ride roughshod over due process and basic considerations of fairness when they think they can get away with it. For them the ends always seems to justify the means. That is precisely how their predecessors came to create the gulag.”

  11. I put all of this at the feet of the Christians that would not vote for Romney because he is a Mormon.

    I know several who did this. Now they say its gods will. I say “free will”

    I hope that lots of Gays marry. Now they can be just as miserable as the rest of us!

    Enjoy your Divorces suckers!!!

  12. It’s about constitutional rights. Here is a link to Scalia’s dissent. As he says, “it is about who rules me”.

    Freedom of Religion comes next. And that too will be decided by SCOTUS when contested.

    Pretty amazing that Kennedy is a Roman Catholic. Guess he is a “Kennedy” Catholic.

    F’em all. There is no rule of law and there is no separation of powers — all power has been handed over by Congress and by the courts to the Executive. In my opinion.

    With his two separate opinions John Roberts has beclowned himself. He has no moral standing.

    • I am still in mod.
      I would like all of them who voted for this to sit down with children on TV and explain this vote.
      Explain to a 5 year old about this. This is not normal.
      If they want to be together than name it something else besides marriage. Do not redefine our marriages and what they stand for.
      If someone wants to marry a piece of grass, will they as well be reconized as married.
      Government get out of our face.

  13. The first American Revolution was over taxation without representation over tea imports.We need to reinvent The Sons Of Liberty and start over.

  14. This decision by the not-so-supreme court should come as no surprise. kennedy was looking for just the right case as a vehicle to impose his will and desire for homosexual marriage on all America. And we know today’s ruling is the “logical” extension of the foundation in the decision kennedy wrote in the Lawrence case.

    As promised by benito hussein mohammed 0bama in 2008, the fundamental destruction of America and our Constitution continues at an ever accelerating rate with each passing day. The “slippery slope” to America’s final destruction is becoming steeper, sadly enough.There is no accounting for why the extremely radical illiberal and regressive leftist are so in love with tyranny and perdition that they would destroy their very own country.

  15. Reading excerpts from Kennedy, it seemed as if he was rambling under some halucinatory stimulus. Maybe wandering in his mind down around the Embarcadero.