In a 5-4 decision, the Supreme Court has ruled that marriage bans are unconstitutional, and that states must issue licenses AND recognize marriages from out of state.
Well, what?, that’s that then. We win!
The court has based their decision on Equal Protection and Due Process — in other words, marriage equality is a fundamental right, and protected by the Fourteenth Amendment. It’s going to be very very very very hard for anti-equality forces to reverse any part of this. Like, well, never.
Here’s Kennedy writing:
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. … [The challengers] ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
“It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality … Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. The imposition of this disability on gays and lesbians serves to disrespect and subordinate them. And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry.”
Here’s a key quote from the Roberts dissent:
If you are among the many Americans–of whatever sexual orientation–who favor expanding same-sex marriage, by all means celebrate today’s decision. 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.