Gay Marriage Is Now A Constitutional Right In The United States
Geege Schuman stashed this in Justice
In a decade - or in a year - we'll look back on this day and wonder why it took so long.
But then, the decision takes an interesting turn: The Court seems to flip the oft-used reasoning of same-sex marriage opponents, who claim that gay marriage is harmful to children and families, and disruptive to the longstanding order of American society. In the oral arguments for Obergefell, several justices raised this very question—even Breyer, who joined in the decision, said that marriage between a man and a woman “has been the law everywhere for thousands of years. Suddenly you want nine people outside the ballot box to require states to change [this configuration].” But on Friday, Breyer joined four of his colleagues to do exactly that.
“Protecting the right to marry ... safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education,” Kennedy writes. Not all straight married couples have children, and they’re certainly not required to do so by law, he reasons; the same rule should apply to gay married couples. But more importantly, for those gay couples that do want to have kids—including the many couples who adopt or have children using the genetic material of one parent—that their unions are less than marriage under the law creates a “more difficult and uncertain family life. The marriage laws at issue thus harm and humiliate the children.”
Finally, Kennedy affirms that marriage is “a keystone of the Nation’s social order.” It is the institution at the center of the United States’ legal and educational structures, and because of this, “it is demeaning to lock same-sex couples out of a central institution of the Nation’s society, for they too may aspire to the transcendent purposes of marriage.”
“Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations,” Kennedy writes. This is, perhaps, the most striking argument of all, for it is an argument about the nature, significance, and dignity of marriage itself. “The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society,” Kennedy writes, but the “institution—even as confined to opposite-sex relations—has evolved over time.”
Amazing how far we've come since the 2004 elections in which many states banned same sex marriage.
Heck, amazing how far we've come since 2011 where it was constitutionally banned in most of the United States:
Geege you will like this New Yorker piece on Obama's 10 Days in June 2015:
I found that via Ginevra Kirkland:
I love it!
Obama told me. “I do think one of my strengths is temperament. I am comfortable with complexity, and I think I’m pretty good at keeping my moral compass while recognizing that I am a product of original sin. And every morning and every night I’m taking measure of my actions against the options and possibilities available to me, understanding that there are going to be mistakes that I make and my team makes and that America makes; understanding that there are going to be limits to the good we can do and the bad that we can prevent, and that there’s going to be tragedy out there and, by occupying this office, I am part of that tragedy occasionally, but that, if I am doing my very best and basing my decisions on the core values and ideals that I was brought up with and that I think are pretty consistent with those of most Americans, that, at the end of the day, things will be better rather than worse.”
Great passage. I think history is going to be kind to him as a president regarding his legacy.