Discuss the importance of plot legalization.

Discussion 4: In June of 2015, the Supreme Court issued a landmark decision on gay marriage. Read the article below and discuss the implications both nationally and at the state level, with emphasis on Florida.

U.S.

Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide

By ADAM LIPTAKJUNE 26, 2015

CreditDoug Mills/The New York Times

WASHINGTON — In a long-sought victory for the gay rights movement, the Supreme Court ruled by a 5-to-4 vote on Friday that the Constitution guarantees a right to same-sex marriage.

“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 marriages in 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.

Vin Testa celebrated Friday after the Supreme Court ruled in favor of same-sex marriage. “Love has won,” the crowd chanted as courtroom witnesses raised their arms in victory. Credit Zach Gibson/The New York Times

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.

How a Love Story Triumphed in Court

John Arthur died in 2013, but the legacy of his marriage to Jim Obergefell, center, is at the center of the Supreme Court same-sex marriage case.

Outside the Supreme Court, the police allowed hundreds of people waving rainbow flags and holding signs to advance onto the court plaza as those present for the decision streamed down the steps. “Love has won,” the crowd chanted as courtroom witnesses threw up their arms in victory.

In remarks in the Rose Garden, President Obama welcomed the decision, saying it “affirms what millions of Americans already believe in their hearts.”

“Today,” he said, “we can say, in no uncertain terms, that we have made our union a little more perfect.”

Justice Kennedy was the author of all three of the Supreme Court’s previous gay rights landmarks. The latest decision came exactly two years after his majority opinion in United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly 12 years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.

In all of those decisions, Justice Kennedy embraced a vision of a living Constitution, one that evolves with societal changes.

“The nature of injustice is that we may not always see it in our own times,” he wrote on Friday. “The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.”

Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan joined the majority opinion.

In dissent, Chief Justice Roberts said the majority opinion was “an act of will, not legal judgment.”

“The court invalidates the marriage laws of more than half the states and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs,” he wrote. “Just who do we think we are?”

The court decided in Obergefell v. Hodges and three related cases that the Constitution guarantees a right to same-sex marriage.

• Same-sex couples can marry in three dozen states, but federal appeals courts have been divided over whether states must allow same-sex couples to marry and recognize such marriages performed elsewhere.

The majority and dissenting opinions took differing views about whether the decision would harm religious liberty. Justice Kennedy said the First Amendment “ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.” He said both sides should engage in “an open and searching debate.”

Chief Justice Roberts responded that “people of faith can take no comfort in the treatment they receive from the majority today.”

Justice Samuel A. Alito Jr., in his dissent, saw a broader threat from the majority opinion. “It will be used to vilify Americans who are unwilling to assent to the new orthodoxy,” Justice Alito wrote. “In the course of its opinion, the majority compares traditional marriage laws to laws that denied equal treatment for African-Americans and women. The implications of this analogy will be exploited by those who are determined to stamp out every vestige of dissent.”

Gay rights advocates had constructed a careful litigation and public relations strategy to build momentum and bring the issue to the Supreme Court when it appeared ready to rule in their favor. As in earlier civil rights cases, the court had responded cautiously and methodically, laying judicial groundwork for a transformative decision.

It waited for scores of lower courts to strike down bans on same-sex marriages before addressing the issue, and Justice Kennedy took the unusual step of listing those decisions in an appendix to his opinion.

Chief Justice Roberts said that only 11 states and the District of Columbia had embraced the right to same-sex marriage democratically, at voting booths and in legislatures. The rest of the 37 states that allow such unions did so because of court rulings. Gay rights advocates, the chief justice wrote, would have been better off with a victory achieved through the political process, particularly “when the winds of change were freshening at their backs.”

In his own dissent, Justice Scalia took a similar view, saying that the majority’s assertiveness represented a “threat to American democracy.”

But Justice Kennedy rejected that idea. “It is of no moment whether advocates of same-sex marriage now enjoy or lack momentum in the democratic process,” he wrote. “The issue before the court here is the legal question whether the Constitution protects the right of same-sex couples to marry.”

Duepapers
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.

Professional and Experienced Academic Writers

We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.

Free Unlimited Revisions

If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.

Prompt Delivery and 100% Money-Back-Guarantee

All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.

Original & Confidential

We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.

24/7 Customer Support

Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.

Essays

Essay Writing Service

No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.

Admissions

Admission Essays & Business Writing Help

An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.

Reviews

Editing Support

Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.

Reviews

Revision Support

If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.