Very true. The decision gets even more support when you consider how many other first world countries’ judiciaries have also affirmed marriage equality as a basic human right. Kennedy is known to consider international law in the formation of at least some of his decisions, at least according to this LA Times piece from 2008 and his Wikipedia entry. In light of that, I kindof wonder if the reason he hasn’t put sexual orientation into a suspect classification in any of the decisions he’s authored on gay rights, is because suspect classification appears to be an artifact of American jurisprudence that the rest of the cilivized world does without, and he’s just following roughly the same reasoning as courts in other countries, only applying it using the Due Process and Equal Protection clauses of the 14th amendment. Does anybody happen to know if other first world countries use something similar to suspect classification and the stratification into differing levels of scrutiny?
Out of curiosity, do any of the lawyers reading this know what happens in the one Circuit that hadn’t yet published it’s decision? I assume the case just gets dropped and we never get to read that Circuit’s opinion in light of Obergefell.
Seems also like some of them really believe that the this loving compassionate God they always talk about, well, He has this habit of raining hellfire and brimstone down on entire communities and entire societies for tolerating the “sins” of the few among them.
I the the schedule goes: same sex people this week, pets and farm animals next week, then houseplants and garden vegetables…small appliances are penciled in for the end of July, but the schedule might get pushed back due to the holiday weekend coming up.
So much change in one lifetime. Growing up I never imagined I’d see this. I spent my childhood and teen years with the belief that I would never be married, being gay and from the midwest in that time I barely knew what ‘gay’ even was and certainly had no concept that it was possible for a same sex couple to be together that way. Now I can marry and have my relationship viewed as equal under the law to any other in every part of our great country.
I’ve spent the day alternately crying, grinning for no other reason, laughing and otherwise going through a whirlwind of emotion. I never imagined this day could come.
Of all the nonsensical arguments against SSM, this one always struck me as making less sense than most. What’s the thought process? If Ellen Degeneres hadn’t been able to marry Portia she would have just said “What the heck, guess I’ll just marry Joe the Plumber and have a couple of kids.”
I posted this on my Facebook page today; I wanted to share it here too:
"I am personally very grateful to all the people who pushed hard against state laws that made same-sex marriage illegal, and to the federal courts and the Supreme Court for doing the right thing over the past few years. What a change from 1956, when I was 7 years old and first realized I was gay. My immediate and very long-term reaction was shame and hiding and even trying to deny the truth to myself. I am so happy that young people today do not have to feel that shame, and that they have so many positive role models.
“Social conservatives may try to reduce the impact of this decision by making laws that allow businesses to refuse service to same-sex couples. They may or may not succeed. I, for one, don’t care all that much, they can go to hell in their own way. They can not and will not change the meaning of today’s decision - the recognition of equality and dignity and personhood for that segment of humanity with which I now happily identify.”
What? And avoid the fun of choosing centerpieces and who gets to be ring bearer and whether the DJ can play the chicken dance and the hokey pokey and veil up or veil down and…
When I came out in 1963, it never crossed my mind that I’d ever be able to marry another man. The idea was just so ludicrous. That it has become a reality in my lifetime is beyond wonderful.
Also beyond wonderful is the fact that I can now marry the man I’ve loved for over 27 years. We’re going to wait until I’m through my current health crisis, and can enjoy a proper honeymoon.
Profound gratitude to the five SCOTUS justices who did the right thing, and much joy and happiness to all whose lives are now made whole.
The wedding industry (florists, planners, bakers, caterers, seamstresses, jewelers, hotels, etc.) just got a huge shot in the arm. Now a major growth industry!
Are you sure you want to wait? One of the perks of recognized marriage is the way the health care system treats the partner. You might want to seal the deal now, and defer the honeymoon. Lots of folks have done deferred honeymoons.
Once things settle down, I’ll bet the average person won’t even notice gays getting married. Gay marriage become legal in Maryland in 2013 and the issue seemed to disappear in the state after that. I haven’t seen hide nor hair of a gay wedding ceremony since. Doesn’t mean it wasn’t happening, but it doesn’t affect my everyday life in the least little bit. I think I realized over a long time that it really doesn’t affect me and doesn’t hurt me in the slightest, so I ended up supporting it. Except for maybe coming in contact with a gay couple, the average straight person will likely not be much affected much by yesterday’s ruling, which may be the final point in all this.
I’m wondering how this will affect the 2016 election. Some of the Republican contenders have already denounced the ruling. Would they try to make this an issue, do you think? Not that they can do anything to change the ruling, but they might say they can while pandering to some of the more gullible of the party faithful.