In a once-in-an-epoch decision, the U.S. Supreme Court ruled on Friday that gay and lesbian couples across the country enjoyed a constitutional right to marry, and in doing so struck a blow for progressives in the “defining civil rights challenge of our time”.
The 5-4 decision guaranteeing the constitutional right to same-sex marriage under the 14th Amendment of the U.S. Constitution brings to an end, at least for the moment, a ban on such unions in 13 U.S. States and hands a historic victory to activists who have fought for years in the lower courts with mixed success.
In 37 States and the District of Columbia, courts already recognise marriage equality, a status quo that reflects a transformation in public opinion on the issue, and polls suggesting that most Americans now approve of same-sex marriage.
Writing the majority opinion, Justice Anthony Kennedy said, “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.”
A big step for equality, says Obama
Welcoming the U.S. Supreme Court’s historic marriage equality ruling on Twitter, U.S. President Barack Obama said, “Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else. #LoveWins”
The President also called the lead plaintiff in the case, Jim Obergefell, after the announcement, and offered his congratulations.
New York Times reports:
Of the couples challenging State bans on same-sex marriage, Mr. Kennedy said their plea was that they did respect the institution of marriage.
“They respect it so deeply that they seek to find its fulfilment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilisations’ oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Chief Justice John G. Roberts Jr., in a dissent joined by Justice Antonin Scalia and Clarence Thomas, said the Constitution had nothing to say on the subject.
“If you are among the many Americans of whatever sexual orientation who favour expanding same-sex marriage, by all means celebrate today’s decision,” Mr. 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, Mr. Scalia mocked Mr. Kennedy’s soaring language.
As Mr. Kennedy finished announcing his opinion, several attendees seated in the bar section of the courts gallery wiped away tears, while others grinned and exchanged embraces.
Hindu body ‘celebrates’ decision
Shortly after the ruling was announced the Hindu American Foundation (HAF) released a statement saying that it “celebrated” the decision, especially as the organisation had, over the past few years, joined numerous amicus briefs at the Supreme Court and lower court levels supporting marriage equality. >Read more
