The Supreme Court on Friday delivered a historic victory for gay rights, ruling 5 to 4 that the Constitution requires that same-sex couples be allowed to marry no matter where they live and that states may no longer reserve the right only for heterosexual couples.
The court’s action marks the culmination of an unprecedented upheaval in public opinion and the nation’s jurisprudence. Advocates called it the most pressing civil rights issue of modern times, while critics said the courts had sent the country into uncharted territory by changing the traditional definition of marriage.
“Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right,†Justice Anthony Kennedy wrote in the majority opinion. He was joined in the ruling by the court’s liberal justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
All four of the court’s most conservative members — Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr. — dissented and each wrote a separate opinion, saying the court had usurped a power that belongs to the people.
Reading a dissent from the bench for the first time in his tenure, Roberts said, “Just who do we think we are? I have no choice but to dissent.â€
How people outside the court reacted to the gay marriage ruling
View Photos A sea of cheering, rainbow flag-waving people filled the sidewalk in front of the Supreme Court to celebrate the decision.
In his opinion, Roberts wrote: “Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority’s approach is deeply disheartening.â€
[It’s the first time Roberts has had such a bold statement from the bench]
Scalia called the decision a “threat to American democracy,†saying it was “constitutional revision by an unelected committee of nine.â€
In a statement in the White House Rose Garden, President Obama hailed the decision: “This ruling is a victory for America. This decision affirms what millions of Americans already believe in their hearts. When all Americans are truly treated as equal, we are more free.â€
Obama said change on social issues can seem slow sometimes, but “sometimes there are days like this when that slow and steady effort is rewarded with justice that arrives like a thunderbolt. This morning the Supreme Court recognized that the Constitution guarantees marriage equality. In doing so they’ve reaffirmed that all Americans are entitled to equal protection under the law. . . . Today we can say in no uncertain terms that we have made our union a little more perfect.â€
[Read the full court opinion | Read Roberts’s dissent]
There were wild scenes of celebrations on the sidewalk outside the Supreme Court, as same-sex marriage supporters had arrived early, armed with signs and rainbow flags. They celebrated the announcement of a constitutional right to something that did not legally exist anywhere in the world until the turn of the new century.
It feels good to be running from the devil
Another breath and I'm up another level
It feels good to be up above the clouds
It feels good for the first time in a long time now