Today, June 26, 2015, in a 5-4 vote, the Supreme Court made history by ruling that no State can prohibit same-sex couples from marrying, and that every State must recognize same-sex marriages.
Justice Anthony Kennedy on Same Sex Marriage
In his opinion of Obergefell v. Hodges, Justice Anthony Kennedy, discusses the history of marriage, stating that “[s]ince the dawn of history, marriage has transformed strangers into relatives, binding families and societies together.” He then goes on to explain the change and evolution of marriage throughout our country’s history, comparing the present case to the 1967 landmark case of Loving v. Virginia, which invalidated bans on interracial marriages.
Citing the Due Process Clause of the Fourteenth Amendment, he argues that “[l]ike choices concerning contraception, family relationships, procreation, and child-rearing, all of which are protected by the Constitution, decisions concerning marriage are among the most intimate an individual can make.” Since marriage is a fundamental right that is protected by the Due Process Clause of the United States Constitution, the Court must recognize that “same-sex couples have the same right as opposite-sex couples to enjoy that intimate association.”
While this decision will have less affect on some states that already recognize and allow same-sex marriages, it will provide uniformity across the country. With 13 states currently imposing bans on same-sex marriages, today’s Court decision will allow same-sex couples to now enjoy the security and comfort that they can marry in any State, and that their marriage will be recognized in any State.
To read the full opinion by Justice Kennedy, see