Same-Sex Marriage Ruled Constitutional Right, 5-4

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**Manchu**

In a landmark opinion, the Supreme Court ruled Friday that states cannot ban same-sex marriage, handing gay rights advocates their biggest victory yet.

The 5-4 ruling had Justice Anthony Kennedy writing for the majority with the four liberal justices. Each of the four conservative justices wrote their own dissent.

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family," Kennedy wrote. "In forming a marital union, two people become something greater than they once were."

In a dissent, Justice Antonin Scalia blasted the Court's "threat to American democracy."

"The substance of today's decree is not of immense personal importance to me," he wrote. "But what really astounds is the hubris reflected in today's judicial Putsch."

The relevant cases were argued earlier this year. Attorney John Bursch, serving as Michigan's Special Assistant Attorney General, defended four states' bans on gay marriage before the Court, arguing that the case was not about how to define marriage, but rather about who gets to decide the question.

The case came before the Supreme Court after several lower courts overturned state bans on gay marriage. A federal appeals court had previously ruled in favor of the state bans, with Judge Jeffrey Sutton of the Sixth Circuit U.S. Court of Appeals writing a majority opinion in line with the rationale that the issue should be decided through the political process, not the courts.

Fourteen couples and two widowers challenged the bans. Attorneys Mary Bonauto and Doug Hallward-Driemeier presented their case before the Court, arguing that the freedom to marry is a fundamental right for all people and should not be left to popular vote.

Three years after President Barack Obama first voiced his support for gay couples' right to marry, his administration supported the same sex couples at the Supreme Court.

"Gay and lesbian people are equal," Solicitor General Donald B. Verrilli Jr. told the justices at the oral arguments earlier this year. "It is simply untenable -- untenable -- to suggest that they can be denied the right of equal participation in an institution of marriage, or that they can be required to wait until the majority decides that it is ready to treat gay and lesbian people as equals.

The same-sex couples who challenged gay marriage bans in Michigan, Tennessee, Kentucky and Ohio were just a few of the estimated 650,000 same-sex couples in the United States, 125,000 of whom are raising children.

The challenges included same-sex couples who wanted to marry, those who sought to have their lawful out-of-state marriage recognized, as well as those who wanted to amend a birth or death certificate with their marriage status.

The lead plaintiff in the case is Jim Obergefell who married his spouse John Arthur in 2013 months before Arthur died.

The couple, who lived in Ohio, had to travel to Maryland aboard a medical jet to get married when Arthur became gravely ill. And when Arthur died, Obergefell began to fight to be recognized as Arthur's spouse on his death certificate.

The plaintiffs from Michigan are April DeBoer and Jayne Rowse, two Detroit-area nurses who are also foster parents. They took to the courts after they took in four special-needs newborns who were either abandoned or surrendered at birth, but could not jointly adopt the children because Michigan's adoption code requires that couples be married to adopt.

Sgt. Ijpe Dekoe and Thomas Kostura became plaintiffs in the gay marriage case after they moved to Tennessee from New York.

The pair had married in New York in 2011, but Dekoe's position in the Army took the couple to Tennessee, which banned gay marriage and refused to recognize gay marriages performed in other states.

http://www.cnn.com/2015/06/26/politics/supreme-court-same-sex-marriage-ruling/index.html

**whembly**

w00t!

I'm a happy camper!

**Forar**

Good job, SCOTUS!

Now we get to see how many donkey caves think it's just a polite suggestion.

**-Shrike-**

Finally. The legal obstacles have been overcome, now let's just hope the overwhelming majority of society can catch up within a generation.

**curran12**

The big legal hurdle has been crossed. It will take time for society as a whole to change, but now we are pointed in the right direction and moving there.

Good on you, SCOTUS.

**juraigamer**

One physical step forward, with the dissenters still trying to hold us back. Hopefully they finally let go, but I fear the faux will be strong on this subject. Luckily, I've got popcorn ready.

**Hulksmash**

But this will lead to people be able to marry their pets!!!!! What kind of world do we live in?

But seriously good. Glad to hear it. The Pride event in MN this weekend is probably going to go nuts. Confetti and colors everywhere!

**hotsauceman1**

Time to follow prominent republicans on twitter and just laugh

**Ensis Ferrae**

Saw this news on my FB feed. Obviously a step in the right direction, IMO.

Now... Drone strikes for everyone who refuses to comply!!!

**Ghazkuul**

I believe gays and lesbians have just as much right to be as miserable as straight people who are married.

Side note: When did the SCOTUS get to decide it was ok for homosexuals to perform religious ceremonies? You know, marriage having that whole religious overtone...hence the priest/pastor marrying you

**sirlynchmob**

Ghazkuul wrote:
I believe gays and lesbians have just as much right to be as miserable as straight people who are married.

Side note: When did the SCOTUS get to decide it was ok for homosexuals to perform religious ceremonies? You know, marriage having that whole religious overtone...hence the priest/pastor marrying you

It's not a religious ceremony, it's a civil ceremony held at a court house by a judge

Good job supreme court, Still leading the way on all moral issues in the US, since the majority of their people still seem to fall short on morals.

the fact we need the supreme court to do what is morally right for america bothers me because most americans come down on the wrong side of moral issues. Where if america was more moral the court wouldn't be needed.

**hotsauceman1**

Ensis Ferrae wrote:
Saw this news on my FB feed. Obviously a step in the right direction, IMO.

Now... Drone strikes for everyone who refuses to comply!!!

Dont you know? Dinosaurs are better than drones. Tactical UtahRaptors for them.
And becasue they are also likely to be creationists tooooo, we got a double whammy

**Ensis Ferrae**

Ghazkuul wrote:

You know, marriage having that whole religious overtone...hence the priest/pastor marrying you

It really doesn't, Faux News and the Religious Right (as opposed to the regular Right) want you to believe that it is a religious thing.

**Psienesis**

Ghazkuul wrote:
I believe gays and lesbians have just as much right to be as miserable as straight people who are married.

Side note: When did the SCOTUS get to decide it was ok for homosexuals to perform religious ceremonies? You know, marriage having that whole religious overtone...hence the priest/pastor marrying you

There's never been a legal ban on gays performing religious ceremonies, and not all denominations of all religions ban gays from "wearing the cloth".

That said, as both a heterosexual and an ordained minister, I will gladly officiate the ceremony of any approved adults. Straight, gay, lesbian, queer, I don't care. Get your paperwork signed by the Court and I will do the honors.

**Tannhauser42**

Good job, SCOTUS. But, it is unfortunate that the decision was so closely and obviously split along liberal/conservative lines. If there had been just one more conservative in the Court...

**whembly**

Two things...

1) Stay off twittah today... it's getting disgusting.

2) I'm reading CJ Robert's dissent:

Understand well what this dissent is about: It is not about whether, in my judgment, the institution of marriage should be changed to include same-sex couples. It is instead about whether, in our democratic republic, that decision should rest with the people acting through their elected representatives, or with five lawyers who happen to hold commissions authorizing them to resolve legal disputes according to law. The Constitution leaves no doubt about the answer.

Where

was this guy in the King vs. Burrell ruling? Jeeze.

**NuggzTheNinja**

Good.

The religious right really needs to drop this as a talking point...it's a hugely unpopular point of view for most of society...sort of the "gun control" or the right. Democrats were smart enough to (mostly) shut up about that. Hopefully the GOP can do the same.

**Ghazkuul**

I honestly don't know because im one of the worst Catholics ever, but did the pope OK Gay marriage yet? The reason I ask is because of my earlier post.

As far as the marriage thing, the term marriage is a religious one from way back when

the different denominations of each religion have differed but they pretty much agree to call it marriage. Anyway it was about time to pass that ruling! I mean even Ireland beat us

**-Shrike-**

Ghazkuul wrote:
I honestly don't know because im one of the worst Catholics ever, but did the pope OK Gay marriage yet? The reason I ask is because of my earlier post.

As far as the marriage thing, the term marriage is a religious one from way back when the different denominations of each religion have differed but they pretty much agree to call it marriage. Anyway it was about time to pass that ruling! I mean even Ireland beat us

In terms of marriage being religious, you're wrong. I'm saying this before someone else starts an argument derailing the thread, but you can look through every similar thread we've had on this in the last year. Just drop it now, before it's too late.

**Do_I_Not_Like_That**

Marriage nearly damn well ruined me

Good luck to anybody that wants to go down that road - gay or straight.

I wouldn't marry again for a million pounds.

Sorry to be a misery guts, but whenever I hear the word marriage, I start looking for the exit.

**Mr. Burning**

-Shrike- wrote:
Ghazkuul wrote:
I honestly don't know because im one of the worst Catholics ever, but did the pope OK Gay marriage yet? The reason I ask is because of my earlier post.

As far as the marriage thing, the term marriage is a religious one from way back when the different denominations of each religion have differed but they pretty much agree to call it marriage. Anyway it was about time to pass that ruling! I mean even Ireland beat us

In terms of marriage being religious, you're wrong. I'm saying this before someone else starts an argument derailing the thread, but you can look through every similar thread we've had on this in the last year. Just drop it now, before it's too late.

Marriage was only codified by religious groups in the 1100's. And only because it was growing in usage The term marriage was only coined around 1200.

Same sex marriage was celebrated in ancient Asia, particularly China. There are Greek records of same sex marriage going back to 400BC or so.

**A Town Called Malus**

Ghazkuul wrote:
I honestly don't know because im one of the worst Catholics ever, but did the pope OK Gay marriage yet? The reason I ask is because of my earlier post.

As far as the marriage thing, the term marriage is a religious one from way back when the different denominations of each religion have differed but they pretty much agree to call it marriage. Anyway it was about time to pass that ruling! I mean even Ireland beat us

The current pope, from his words at least, is much more tolerant than previous ones. “If someone is gay and he searches for the Lord and has good will, who am I to judge?”

I think he could bring real change to the catholic church but would face strong resistance from more hard-line bishops which may prevent it.

**Ashiraya**

Yay!

**Ghazkuul**

Do_I_Not_Like_That wrote:
Marriage nearly damn well ruined me

Good luck to anybody that wants to go down that road - gay or straight.

I wouldn't marry again for a million pounds.

Sorry to be a misery guts, but whenever I hear the word marriage, I start looking for the exit.

First question I asked boots arriving to my battalion, "Are you married? are you planning on getting married" if they answered yes to either of those and were under age 25 i knew I was looking at a statistic and not a married Marine.

I wish you the best in your swinger life style now

**Nomeny**

That's fabulous!

**A Town Called Malus**

Just found this: http://www.addictinginfo.org/2015/06/25/christian-pastor-promises-to-set-himself-on-fire-if-gay-marriage-is-legalized-nationwide-audio/

Well, lets see if he follows through on that promise.

**Ghazkuul**

A Town Called Malus wrote:
Just found this: http://www.addictinginfo.org/2015/06/25/christian-pastor-promises-to-set-himself-on-fire-if-gay-marriage-is-legalized-nationwide-audio/

Well, lets see if he follows through on that promise.

I think we should all e-mail/call/snail mail this guy a single phrase; "No Balls"

**Chongara**

A Town Called Malus wrote:
Just found this: http://www.addictinginfo.org/2015/06/25/christian-pastor-promises-to-set-himself-on-fire-if-gay-marriage-is-legalized-nationwide-audio/

Well, lets see if he follows through on that promise.

I would hope not. I dislike [MOD EDIT - Language! - Alpharius] that mouth off too much as much as the next guy but let's not start rooting for other people to die here.

**A Town Called Malus**

Ghazkuul wrote:
A Town Called Malus wrote:
Just found this: http://www.addictinginfo.org/2015/06/25/christian-pastor-promises-to-set-himself-on-fire-if-gay-marriage-is-legalized-nationwide-audio/

Well, lets see if he follows through on that promise.

I think we should all e-mail/call/snail mail this guy a single phrase; "No Balls"

I don't want him to do it. Partly because I don't think he deserves to die just because he's an idiot and also because I think it would be a spit in the face of everyone who has given their lives in such a painful, horrible way in order to raise awareness of real persecution (i.e. Quang Duc in Vietnam).

**hotsauceman1**

Ghazkuul wrote:
Do_I_Not_Like_That wrote:
Marriage nearly damn well ruined me

Good luck to anybody that wants to go down that road - gay or straight.

I wouldn't marry again for a million pounds.

Sorry to be a misery guts, but whenever I hear the word marriage, I start looking for the exit.

First question I asked boots arriving to my battalion, "Are you married? are you planning on getting married" if they answered yes to either of those and were under age 25 i knew I was looking at a statistic and not a married Marine.

I wish you the best in your swinger life style now

No less than 5 of my friends from high school are married with kids.