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SCOTUS Upholds Same Sex Marriage

By Tanya Roth, Esq. on June 26, 2015 | Last updated on March 21, 2019

Today, the Supreme Court of the United States changed the way Americans view marriage. In a 5-4 decision, the Court held that the 14th Amendment requires states to permit same sex marriages within their boundaries, and recognize the marriages of same sex citizens from other states.

The Majority

Justice Anthony Kennedy wrote for the majority of the justices (himself, and Justices Kagan, Sotomayor, Ginsburg, and Beyer) and began his opinion by noting how ancient and honored marriage is in our culture. It is also, Justice Kennedy noted, an institution of both continuity and of change. Therefore, with our modern understanding of family and civil rights, the conclusion must be reached that the Equal Protection and Due Process Clauses of the 14th Amendment require all states to recognize same sex marriage.

The Dissent

Of course the Justices in the minority, Thomas (joined by Scalia), Alito (joined by Scalia and Thomas), Roberts (joined by Scalia and Thomas) and Scalia (joined by Thomas) had objections to the reasoning of the majority. In a dissent so strongly worded it has been called "mean spirited" Justice Scalia opined this decision was no less than a "threat to American democracy."

However, don't take our word for it. In a democracy (such as still exists in America, Justice Scalia notwithstanding), we strive to be transparent. The full opinion of the majority and the dissents of the minority are below. Read for yourself and decide if this decision brings more equality, or less democracy to our country.

Supreme Court Opinion: Obergefell v. Hodges by FindLaw

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