The Corner

Law & the Courts

Supreme Court Forces States to Perform Gay Marriages, 5–4

The Court ruled today that the Fourteenth Amendment requires states to issue marriage licenses to same-sex couples. Four justices — Alito, Roberts, Scalia, Thomas — all dissented separately. The opinion and dissents are here.

The opinion, authored by Justice Kennedy, lays out four arguments for why the right for two people of the same sex to marry is guaranteed under the Constitution: 

‐ And the right is crucial because “this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of the Nation’s social order.” (How reactionary of them.)

Patrick Brennan was a senior communications official at the Department of Health and Human Services during the Trump administration and is former opinion editor of National Review Online.
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