In the Obergefell v Hodges case concerning the validity of state-wide bans on same-sex marriage, the US Supreme Court has ruled that such bans are unconstitutional. It was a 5-4 decision, with the same justices from the United States v. Windsor case supporting the ruling. The four dissenters, all conservatives, each wrote their own opinions, but agreed that the bans should be left up to the states. Justice Scalia stated that he feared the court's overreach would lead to the demise of democracy, and that the ruling had nothing to do with the Constitution. But the majority opinion agreed that under the 14th Amendment and Due Process, it was imperative that dignity be restored to loving same-sex couples to be equal in opportunities to express love and intimacy, as well as to be granted the protections that come along with marriage.
Justice Kennedy wrote the majority opinion, saying :
“It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Utah is celebrating this historic ruling at City Creek Park tonight at 6pm. Come join the rally for marriage equality victory!