DeKoe, who served this Nation to preserve the freedom the Constitution protects, must endure a substantial burden. Brief for Respondents in No. The decision will also have other important consequences. They worry that by officially abandoning the older understanding, they may contribute to marriage’s further decay. The intimate association protected by this right was central to A third basis for protecting the right to marry is that it safeguards children and families and thus draws meaning from related rights of childrearing, procreation, and education. . Ohio law does not permit Obergefell to be listed as the surviving spouse on Arthur’s death certificate. . . Therefore, for the good of children and society, sexual relations that can lead to procreation should occur only between a man and a woman committed to a lasting bond. Those cases came from Michigan, Ohio, Kentucky, and Tennessee.
in No. But this sincerity is cause for concern, not comfort. "The Chief also recognized that the majority's claim that marriage is restricted to "two" people just can't logically hold up under its own reasoning, and could easily be extended to plural marriage:"Although the majority randomly inserts the adjective 'two' in various places, it offers no reason at all why the two-person element of the core definition of marriage may be preserved while the man-woman element may not. The new baby, born prematurely and abandoned by his biological mother, required around-the-clock care. When decisions are reached through democratic means, some people will inevitably be disappointed with the results. 14–556. But if that sentiment prevails, the Nation will experience bitter and lasting wounds. These new insights have strengthened, not weakened, the institution. The elevation of the fullest individual self-realization over the constraints that society has expressed in law may or may not be attractive moral philosophy. This was evident in Still, there are other, more instructive precedents. Even if history and precedent are not “the end” of these cases, As the majority acknowledges, marriage “has existed for millennia and across civilizations.” This universal definition of marriage as the union of a man and a woman is no historical coincidence. This understanding of the States’ reasons for recognizing marriage enables the majority to argue that same-sex marriage serves the States’ objectives in the same way as opposite-sex marriage. As the Supreme Judicial Court of Massachusetts has explained, because “it fulfils yearnings for security, safe haven, and connection that express our common human ity, civil marriage is an esteemed institution, and the decision whether and whom to marry is among life’s momentous acts of self-definition.” The nature of marriage is that, through its enduring bond, two persons together can find other freedoms, such as expression, intimacy, and spirituality. As Locke had explained many years earlier, “The first society was between man and wife, which gave beginning to that between parents and children.” Locke §77, at 39; see also J. Wilson, Lectures on Law, in 2 Collected Works of James Wilson 1068 (K. Hall and M. Hall eds. Instead, the majority's decision short-circuits that process, with potentially ruinous consequences for religious liberty. Ultimately, it is the consolidation of six lower-court cases, originally representing sixteen same-sex couples, seven of their children, a widower, an adoption agency, and a funeral director. In A ruling against same-sex couples would have the same effect—and, like Indeed, faced with a disagreement among the Courts of Appeals—a disagreement that caused impermissible geographic variation in the meaning of federal law—the Court granted review to determine whether same-sex couples may exercise the right to marry. .
No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. Locke described men as existing in a state of nature, possessed of the “perfect freedom to order their actions and dispose of their possessions and persons as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.” J. Locke, Second Treatise of Civil Government, §4, p. 4 (J. Gough ed.
(1) The history of marriage as a union between two persons of the opposite sex marks the beginning of these cases. Any change on a question so fundamental should be made by the people through their elected officials.” 570 U. S., at ___ (dissenting opinion) (slip op., at 8–10) (citations and footnotes omitted).
This is true for all persons, whatever their sexual orientation. "Justice Scalia also dissented (joined by Justice Thomas) and accused the majority of legislating, not judging.
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