“No
longer may this liberty be denied,” Justice Anthony M. Kennedy wrote
for the majority in the historic decision. “No union is more profound
than marriage, for it embodies the highest ideals of love, fidelity,
devotion, sacrifice and family. In forming a marital union, two people
become something greater than once they were.”
Marriage
is a “keystone of our social order,” Justice Kennedy said, adding that
the plaintiffs in the case were seeking “equal dignity in the eyes of
the law.”
Supreme Court Justices Sonia Sotomayor, Elena Kagan, Ruth Bader
Ginsburg, Stephen Breyer and Anthony Kennedy. These five justices were
in the majority in favor of legalizing same-sex marriage nationwide
The majority concluded that the right for same-sex couples to marry is
protected under the 14th Amendment, citing the clauses that guarantee
equal protection and due process.
The decision, which was the culmination of decades of litigation and activism,set off jubiliation and tearful embraces across USA, the first same-sex marriages in several states, and resistance — or at least stalling — in others.
It came against the backdrop of fast-moving changes in public opinion,
with polls indicating that most Americans now approve of the unions.
Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined the majority opinion
In dissent, Chief Justice John G. Roberts Jr. said the Constitution had nothing to say on the subject of 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,” Chief Justice 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.”
In
a second dissent, Justice Antonin Scalia mocked the soaring language of
Justice Kennedy, who has become the nation’s most important judicial
champion of gay rights.
“The
opinion is couched in a style that is as pretentious as its content is
egotistic,” Justice Scalia wrote of his colleague’s work. “Of course the
opinion’s showy profundities are often profoundly incoherent.”
US President Barack Obama welcomed the decision, saying it “affirms what millions of Americans already believe in their hearts.”
“Today,” he said, “we can say, in no uncertain terms, that we have made our union a little more perfect.”
Note
The US Supreme Court has ruled that same-sex marriage is a legal right across the United States.
It means the 14 states with bans on same-sex marriage will no longer be able to enforce themStates affected:
- Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
The lead plaintiff in Obergefell v. Hodges
is Ohio resident Jim Obergefell, who wanted to be listed as the
surviving spouse on his husband's death certificate.
In 2013, Obergefell married his partner of two decades, John Arthur, who suffered from ALS. Arthur passed away in October of that year, three months after the couple filed their lawsuit.
Obergefell was joined by several dozen other gay plaintiffs from Kentucky, Michigan, Ohio and Tennessee who were fighting to be able to marry and to have their marriage recognized in every state in the country.
Nearly 46 years to the day after a riot at New York's Stonewall Inn ushered in the modern gay rights movement, the decision could settle one of the major civil rights fights of this era.
In 2013, Obergefell married his partner of two decades, John Arthur, who suffered from ALS. Arthur passed away in October of that year, three months after the couple filed their lawsuit.
Obergefell was joined by several dozen other gay plaintiffs from Kentucky, Michigan, Ohio and Tennessee who were fighting to be able to marry and to have their marriage recognized in every state in the country.
Nearly 46 years to the day after a riot at New York's Stonewall Inn ushered in the modern gay rights movement, the decision could settle one of the major civil rights fights of this era.
The U.S. is now the 21st country to legalize same-sex marriage
nationwide, including territories. 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.
COUNTRIES WHERE SAME-SEX MARRIAGE IS LEGAL
2000 The Netherlands
2003 Belgium
2005 Canada
2005 Spain
2006 South Africa
2009 Sweden
2009 Norway
2010 Portugal
2010 Iceland
2010 Argentina
2012 Denmark
2013 Uruguay
2013 New Zealand
2013 France
2013 England / Wales
2013 Brazil
2014 Luxembourg
2014 Scotland
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