“No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote for the
majority in the historic decision. “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.”
Marriage is a “keystone of our social order,” Justice Kennedy said, adding that
the plaintiffs in the case were seeking “equal dignity in the eyes of the law.”
The decision, which was the culmination of decades of litigation and activism,set
off jubilation and tearful embraces across the country,
the first
same-sex marriagesin
several states, and resistance — or at least stalling — in others. It came
against the backdrop of fast-moving changes in public opinion, with polls
indicating that most Americans now approve of the unions.
The court’s four more liberal justices joined Justice Kennedy’s majority
opinion. Each member of the court’s conservative wing filed a separate dissent,
in tones ranging from resigned dismay to bitter scorn.
In dissent, Chief Justice John G. Roberts Jr. said the Constitution had nothing
to say on the subject of same-sex marriage.
“If you are among the many Americans — of whatever sexual orientation — who
favor expanding same-sex marriage, by all means celebrate today’s decision,”
Chief Justice 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, Justice Antonin Scalia mocked the soaring language of
Justice Kennedy, who has become the nation’s most important judicial champion of
gay rights.
“The opinion is couched in a style that is as pretentious as its content is
egotistic,” Justice Scalia wrote of his colleague’s work. “Of course the
opinion’s showy profundities are often profoundly incoherent.”
As Justice Kennedy finished announcing his opinion from the bench on Friday,
several lawyers seated in the bar section of the court’s gallery wiped away
tears, while others grinned and exchanged embraces.
Justice John Paul Stevens, who retired in 2010, was on hand for the decision,
and many of the justices’ clerks took seats in the chamber, which was nearly
full as the ruling was announced. The decision made same-sex marriage a reality
in the 13 states that had continued to ban it.