The dissenting opinion authored by Chief Justice John Roberts criticized the majority opinion, saying whether same-sex marriage is a good idea or not should be of no concern to the Supreme Court because it is not a legislature. While he agreed that there were strong public policy reasons for advocating for legislative recognition of same-sex marriages, the constitutional recognition of it as a fundamental right was not compelling. "The fundamental right to marry does not include a right to make a State change its definition of marriage," Roberts wrote. "And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational." "In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition."
Justice Antonin Scalia and Justice Clarence Thomas both wrote separate dissenting opinions. Justice Scalia characterized today's majority opinion, which he refers to as a "decree," as representing "a threat to American democracy." "So it is not of special importance to me what the law says about marriage, " Scalia writes. "It is of overwhelming importance, however, who it is that rules me." "Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court." "This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves."
15 comments:
The last thing we need now is some zealot deciding we need to amend our U.S. Constitution to “overrule” this decision. Enough is enough. The decision has been made. The young people of both parties have been the ones who made it happen. They won’t support a constitutional amendment. It will split the Republican party. I hope wise heads prevail and we move on. Decisions on interracial marriage, abortion and desegregation were unpopular with some, but we learned to live with them, and there’s no going back because the young don’t want to go back. A constitutional amendment will just be an embarrassment down the road, so I will look for a Republican candidate that supports acceptance of this decision, and moving on to more substantive issues. Those who want to bog us down in never ending fights against phantom gay “enemies” are not leaders, they’re bigots, clinging to old ways that will never come back. Lets move forward. Gays serve in the military with distinction now. We all work with gay people. I have even been invited to a gay wedding. I will not support a Republican candidate that can’t clearly see that we need to accept this and move on.
Thus far in the day, Gary, your report is the one that gave me the most succinct information on the dissenting opinions. I have to say that John Roberts causes me to scratch my head... he re-wrote Obamacare (for the third time) but he couldn't find any compelling reason that gay men and gay women in all fifty states should be able to enjoy the benefits of marriage that any heterosexual may enjoy.
As a university educated adult out and proud LGBT, I've seen committed same sex couples be denied the right to address their partner's health issues during hospitalization, I've seen family members who disproved of their child's same sex committed relationship swoop in at the death of that family member like vultures and remove furnishings and assets couples amassed together, and partnered persons could not receive the tax benefits and Social Security benefits heterosexual couples in committed relatinoships were "allowed"... and after years of being productive community citizens who paid taxes and obeyed laws. Today that ends. And this Constitutional Conservative Republican REJOICES that same sex couples can now enjoy all the benefits of their committed relationships that heretofore they've been denied.
I cannot agree more with Justices Scalia and Thomas, on the premise of what I've said before and I'll say again - Legislating from the bench is DANGEROUS! Yesterday's King vs. Burwell ruling was legislating an extension onto a congressional act from the SCOTUS bench. Today's ruling is for those minority of states that did not adopt the LGBT laws another piece of legislation "decreed" from the bench. And in those states that DID adopt LGBT laws, how many were via legislation versus "decrees" from their respective courts? For those states that adopted LGBT laws via their legislative process - GREAT! Good for you. That's how it is supposed to work. Not this process of the last few decades where if you don't get what you want out of the elected legislature, go to an unelected judge and have the judge issue a judicial decree in place of legislation. Why not? It worked for Roe v. Wade.
Well, I am glad that is settled. Now I am going to the courthouse to marry my chicken and dead grandmother.
I actually believe there should be no state so state sanctioning of anything wouldn't matter in a purely voluntary society.
Does this mean that Obama is blackmailing someone other than Roberts to rule in his favor?
Some of these right wing conspiracy nuts are so entertaining in this fears and all. I suppose some of you likely believe that Obama had Bristol Palin knocked up just for the Lulz, huh?
What next? Please proceed, I need a good laugh and you'll likely need to demonstrate your obscene level of paranoia.
i agree with this decision if only to give liberals one less thing to B* about come 2016. way too many voters put issue of gay marriage at the top of their list. now we can move on from a losing issue for gop and hopefully focus on important issues....mine being immigration, tax code reform, and ISIS/foreign policy.
If we are lucky enough to avoid the disaster that would be Hillary hopefully we can repeal and replace obamacare with something that benefits everyone and is fair to middle class as well as poor and those with pre-existing.
If we aren't and we get stuck with corrupt hillary, we can kiss our freedoms, innovation, middle class, jobs, economy, and country goodbye
if i want to marry my pet horse, is that now legal?
Heterosexuals seem more worried about this Supreme Court ruling that affirms the right of gays to marry than they seem to be about the lie that is Obamacare. I am far more concerned about the damage the socialist Marxist collectivist massive tax increase masquerading as a health care plan will do to the nation than allowing people to marry whom they chose.
I don't think there's any question but that plural marriages will now gain currency as a result of this sweeping opinion. Historically, plural marriages were common, unlike same-sex marriages. It has been an accepted practice in a number of religions. Chief Justice Roberts' dissenting opinion actually mentions that the same arguments the majority applied to same-sex marriages were also applicable to plural marriages. My preference all along was for the states to change from recognizing marriages to recognizing civil unions, which are expressly limited to two persons regardless of sex. Instead, the Court has incorporated a religious institution as a fundamental constitutional right and redefined the traditional religious definition. People forget that the original Puritans left England for America to get away from a state-run church setting rules of marriage.
Anon 1:08: If you are married then I would say society is obviously letting people marry jackasses. If you are not married then I would say go ahead and propose to your horse. If your horse answers "yes" then you probably need to focus on your own problems and not worry about whether Jack is marrying Jack. If your horse answers "no" then I would guess you have probably heard that answer before in response to the dumbass questions that you pose like this one.
Veracity, thank you for your intelligent reply to an utterly moronic posting.
This decision is grounds for secession.
"Under our system of government, our citizens are free to disagree with decisions of the Supreme Court, but we are not free to disobey them."
Proving pence is a weakling who is unfit to be Governor.
He should have issued a warning to the Feds to try to enforce their law in Indiana.
The states COULD assert their sovereignty. That is an option. But that would mean that spineless paid-off state politicians would have to grow a pair and really care about the constitution and the state instead of being money-grubbing phonies. Someone would have to run for office and have a chance at winning without the support of big corporate money. How can we make THAT happen?
Young people didn't make the gay rights movement happen. The same cabal of psychopaths that started movements in the 60's, encouraged drug use, sinful behavior, activism, etc. are instigating all these 'movements'. They are not authentic. They are as engineered as the racial riots with 'paid' protesters shipped-in to make a scene for the media. It's to keep the society descending toward chaos, so that it is fractured and weak. That is how they will gain control (order from chaos.) I'm sick of it. I wish people would wise-up and stop falling for it.
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