AP

AP 2015: Supreme Court gives same-sex marriage rights

Dec 8, 2022, 5:23 PM | Updated: 5:33 pm

House Speaker Nancy Pelosi (D-CA) participates in a bill enrollment ceremony alongside Senate Major...

House Speaker Nancy Pelosi (D-CA) participates in a bill enrollment ceremony alongside Senate Majority Leader Chuck Schumer (D-NY) and a bipartisan group of Senators and Representatives for the Respect For Marriage Act at the U.S. Capitol Building on December 08, 2022 in Washington, DC. In a 258-169 vote, the House of Representatives passed The Respect For Marriage Act which ensures marriage equality for same-sex and interracial couples. (Photo by Anna Moneymaker/Getty Images)

(Photo by Anna Moneymaker/Getty Images)

WASHINGTON (AP) — Editor’s Note: On June 26, 2015, the U.S. Supreme Court ruled that same-sex couples had the right to marry. The narrow, 5-4 decision did away with same-sex marriage bans in 14 states.

With the passage of the Respect for Marriage Act, which protects same-sex and interracial marriages, The Associated Press is republishing its 2015 story by reporter Mark Sherman on the Supreme Court’s same-sex ruling.


 

Same-sex couples won the right to marry nationwide as a divided Supreme Court handed a crowning victory to the gay rights movement, setting off a jubilant cascade of long-delayed weddings in states where they had been forbidden.

“No longer may this liberty be denied,” said Justice Anthony Kennedy.

The vote was narrow – 5-4 – but Kennedy’s majority opinion was clear and firm: “The court now holds that same-sex couples may exercise the fundamental right to marry.”

The ruling will put an end to same-sex marriage bans in the 14 states that still maintain them, and provide an exclamation point for breathtaking changes in the nation’s social norms in recent years. As recently as last October, just over one-third of the states permitted gay marriages.

Kennedy’s reading of the ruling elicited tears in the courtroom, euphoria outside and the immediate issuance of marriage licenses to same-sex couples in at least eight states. In Dallas, Kenneth Denson said he and Gabriel Mendez had been legally married in 2013 in California but “we’re Texans; we want to get married in Texas.”

In praise of the decision, President Barack Obama called it “justice that arrives like a thunderbolt.”

Four of the court’s justices weren’t cheering. The dissenters accused their colleagues of usurping power that belongs to the states and to voters, and short-circuiting a national debate about same-sex marriage.

“This court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us,” Chief Justice John Roberts wrote in dissent. Roberts read a summary of his dissent from the bench, the first time he has done so in nearly 10 years as chief justice.

“If you are among the many Americans – of whatever sexual orientation – who favor expanding same-sex marriage, by all means celebrate today’s decision,” Roberts said. “But do not celebrate the Constitution. It had nothing to do with it.”

Justice Antonin Scalia said he was not concerned so much about same-sex marriage as “this court’s threat to American democracy.” He termed the decision a “judicial putsch.” Justices Samuel Alito and Clarence Thomas also dissented.

Several religious organizations criticized the decision.

The U.S. Conference of Catholic Bishops said it was “profoundly immoral and unjust for the government to declare that two people of the same sex can constitute a marriage.”

Kennedy said nothing in the court’s ruling would force religions to condone, much less perform, weddings to which they object. And he said the couples seeking the right to marry should not have to wait for the political branches of government to act.

The 14th Amendment to the Constitution requires states to allow same-sex couples to marry on the same basis as heterosexuals, he said “The dynamic of our constitutional system is that individuals need not await legislative action before asserting a fundamental right. The nation’s courts are open to injured individuals who come to them to vindicate their own direct, personal stake in our basic charter,” Kennedy wrote in his fourth major opinion in support of gay rights since 1996. It came on the anniversary of two of those earlier decisions.

“No union is more profound than marriage,” Kennedy wrote, joined by the court’s four more liberal justices.

The stories of the people asking for the right to marry “reveal that they seek not to denigrate marriage but rather to live their lives, or honor their spouses’ memory, joined by its bond,” Kennedy said.

As he read his opinion, spectators in the courtroom wiped away tears when the import of the decision became clear. One of those in the audience was James Obergefell, the lead plaintiff in the Supreme Court fight.

Outside, Obergefell held up a photo of his late spouse, John Arthur, and said the ruling establishes that “our love is equal.” He added, “This is for you, John.”

Obama placed a congratulatory phone call to Obergefell, which he took amid a throng of reporters outside the courthouse.

Speaking a few minutes later at the White House, Obama praised the decision as an affirmation of the principle that “all Americans are created equal.”

The crowd in front of the courthouse at the top of Capitol Hill grew in the minutes following the ruling. The Gay Men’s Chorus of Washington, D.C., sang the “Star-Spangled Banner.” Motorists honked their horns in support as they passed by the crowd, which included a smattering of same-sex marriage opponents.

The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But county clerks in Alabama, Georgia, Mississippi, Ohio, North Dakota, South Dakota, Tennessee and Texas began issuing licenses to same-sex couples within hours of the decision.

The cases before the court involved laws from Kentucky, Michigan, Ohio and Tennessee that define marriage as the union of a man and a woman. Those states have not allowed same-sex couples to marry within their borders, and they also have refused to recognize valid marriages from elsewhere.

Just two years ago, the Supreme Court struck down part of the federal anti-gay marriage law that denied a range of government benefits to legally married same-sex couples.

Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor formed the majority with Kennedy on Friday, the same lineup as two years ago.

The earlier decision in United States v. Windsor did not address the validity of state marriage bans, but courts across the country, with few exceptions, said its logic compelled them to invalidate state laws that prohibited gay and lesbian couples from marrying.

There are an estimated 390,000 married same-sex couples in the United States, according to UCLA’s Williams Institute, which tracks the demographics of gay and lesbian Americans. Another 70,000 couples living in states that do not currently permit them to wed would get married in the next three years, the institute says. Roughly 1 million same-sex couples, married and unmarried, live together in the United States, the institute says.

The Obama administration backed the right of same-sex couples to marry. The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and Obama declared his support for same-sex marriage in 2012.

The states affected by Friday’s ruling are Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.


Associated Press writers Jessica Gresko, Sam Hananel and Glynn Hill contributed to this report.

KSL 5 TV Live

AP

FILE - President Joe Biden, accompanied by first lady Jill Biden blows his whistle for the start of...

Darlene Superville, Associated Press

The White House expects about 40,000 participants at its ‘egg-ucation’-themed Easter egg roll

The White House says it's getting ready to welcome 40,000 people to its annual Easter Egg Roll.

39 seconds ago

FILE: A Polestar electric car prepares to park at an EV charging station on July 28, 2023 in Corte ...

Alexa St. John, Matthew Daly and Joshua A. Bickel

Federal EV charging stations are key to Biden’s climate agenda, yet only 4 states have them

President Biden has set a goal of creating a national network of 500,000 publicly available chargers by 2030.

3 hours ago

The cargo ship Dali sits in the water after running into and collapsing the Francis Scott Key Bridg...

Nick Perry

What to know about the cargo ship Dali, a mid-sized ocean monster that took down a Baltimore bridge

Here’s what to know about the cargo ship Dali, which crashed into Baltimore’s Francis Scott Key Bridge, causing it to collapse and leaving six construction workers presumed dead.

7 hours ago

Workers continue to investigate and search for victims after the cargo ship Dali collided with the ...

Ben Finely

Debate emerges over whether modern protections could have saved Baltimore bridge

A debate has emerged over whether modern safety protections could have saved a Baltimore bridge after it was struck by a cargo ship.

9 hours ago

FILE - No Labels leadership and guests from left, Dan Webb, National Co-Chair Dr. Benjamin F. Chavi...

Associated Press

Former Sen. Joe Lieberman, Democrats’ VP pick in 2000, dead at 82

Former U.S. Sen. Joe Lieberman of Connecticut, who nearly won the vice presidency on the Democratic ticket with Al Gore in the disputed 2000 election and who almost became Republican John McCain's running mate eight years later, has died, according to a statement issued by his family.

23 hours ago

In this photo provided by the Franklinville Volunteer Fire Company, firefighters attempt to get Dai...

Associated Press

Firefighters in New Jersey come to the rescue of a yellow Labrador stuck in a spare tire

Firefighters in southern New Jersey came to the rescue of a dog who got stuck in a spare tire.

1 day ago

Sponsored Articles

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

AP 2015: Supreme Court gives same-sex marriage rights