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The justices had been asked to decide whether the 14th Amendment requires states to a) license same-sex marriages and b) recognize such unions that were made in other states. As the Supreme Court's summary states, "The history of marriage is one of both continuity and change." Together, they involve a dozen couples who challenged same-sex marriage bans in Ohio, Michigan, Kentucky and Tennessee - the only states with bans on marriage between gay and lesbian couples that had been sustained by a federal appeals court.įriday's ruling overturned that decision by the 6th Circuit Court of Appeals. Hodges, which is linked to three other same-sex marriage cases that rose up through the court system. Gay and lesbian couples now have the right to marry, just like anyone else. Welcoming the news on Twitter, President Obama wrote, "Today is a big step in our march toward equality. We've covered those dissents in a separate post. Justice Scalia said the Supreme Court's "highly unrepresentative panel of nine" had violated "a principle even more fundamental than no taxation without representation." In his dissent, Roberts wrote that the court had taken an "extraordinary step" in deciding not to allow states to decide the issue for themselves, saying that the Constitution does not define marriage.Ĭalling the ruling "deeply disheartening," Roberts said that those on the winning side of the issue should celebrate a victory - "But do not celebrate the Constitution," he wrote. The Supreme Court said that the right to marry is fundamental - and Kennedy wrote that under the 14th Amendment's protections, "couples of the same-sex may not be deprived of that right and that liberty." His opinion sketches a history of how ideas of marriage have evolved along with the changing roles and legal status of women.Ĭomparing that evolution to society's views of gays and lesbians, Kennedy noted that for years, "a truthful declaration by same-sex couples of what was in their hearts had to remain unspoken." "The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society," Kennedy wrote. ET: More On The Ruling, And Obama's Reaction The president calls the ruling "a victory for America." Obama says the ruling "will strengthen all of our communities" by offering dignity and equal status to all same-sex couples and their families.
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Speaking at the White House, President Obama praised the Supreme Court's ruling, saying it arrived "like a thunderbolt" after a series of back-and-forth battles over same-sex marriage. Obergefell has been traveling from Cincinnati to Washington every week, to be sure he would be in the court when a decision was announced in his case. Holding a photograph of Arthur as he spoke Friday, Obergefell said, "No American should have to suffer that indignity." He filed suit because he wasn't allowed to put his name on his late husband John Arthur's death certificate after Arthur died from ALS. Wade - if you like it or hate it - and today, Obergefell v. "The Constitution grants them that right."Ĭomparing the ruling to other landmark decisions, NPR's Nina Totenberg says, "This is probably right up there with Brown v. "They ask for equal dignity in the eyes of the law," Kennedy wrote of same-sex couples in the case. All four justices who voted against the ruling wrote their own dissenting opinions: Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito. Justice Anthony Kennedy, seen as a pivotal swing vote in the case, wrote the majority opinion. States cannot keep same-sex couples from marrying and must recognize their unions, the Supreme Court says in a ruling that for months has been the focus of speculation. The high court ruled that same-sex couples have the right to marry in all 50 states. Same-sex marriage supporters rejoice outside the Supreme Court in Washington, D.C., on Friday after the U.S Supreme Court handed down a ruling regarding same-sex marriage.