Symposium on the court’s same sex couples in Trump v. Symposium on the court’s rulings in Gill v. Symposium on the court’s ruling in Masterpiece Cakeshop, Ltd.
Symposium on the court’s ruling in Epic Systems Corp. Symposium before the oral argument in United States v. Symposium before the oral argument in Minnesota Voters Alliance v. Symposium before the oral argument in Janus v. Symposium before the oral argument in NIFLA v.
Our coverage of Judge Brett Kavanaugh’s nomination to the Supreme Court is available at this link. Putting itself back in the forefront of the gay rights revolution, the Supreme Court ruled by the narrowest margin on Friday that same-sex couples across the nation have an equal right to marry. The five-to-four decision was based firmly on the Constitution, and thus could be undone only by a formal amendment to the basic document, or a change of mind by a future Supreme Court. It did not create a new right, but opened a long-existing one to those partners.
The ruling was the most important victory in a cultural revolution that began almost exactly forty-six years ago, when patrons of a gay bar — the Stonewall Inn in New York City’s Greenwich Village — fought back against a police raid. Hodges expressly overruled the Court’s only prior ruling directly on same-sex marriage — a one-line decision in the 1972 case of Baker v. Over the last two years, the right to marry has been extended rapidly and widely for gays and lesbians, ultimately expanding the places where they may marry legally to thirty-six states and Washington, D. From a 2003 ruling by the highest state court in Massachusetts allowing same-sex marriage, the movement to gain marital rights had spread from coast to coast, with lawsuits in every state where the right had not yet been recognized. The decision on Friday will open marriage legally in the remaining fourteen states, and will give new legal protection for those who got married under court rulings that actually could not be considered truly final until the Supreme Court itself had decided the constitutional question.
The decision nullified bans on same-sex marriage as well as bans on official recognition of such marriages performed outside a state. Much of the ongoing debate will focus on claims that same-sex marriage will intrude on the religious rights of those whose faith tells them that the institution should be open only for opposite-sex couples. A number of legislatures already had begun anticipating Thursday’s rulings, passing measures to give businesses and others a legal right not to accommodate same-sex couples. How long an active backlash will continue with intensity will be known only as it unfolds. In the meantime, perhaps hundreds of thousands of same-sex couples will obtain licenses and be married, opening access for them to a wide array of state and federal benefits that go with marriage — ranging from better tax treatment to equal status as parents. In any state where a ban remains technically on the books, it remains possible that state and local officials will engage in resistance, thus making it necessary for couples to get court orders to assure their access to a license.