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You can find the current article at its original source at http://www.theguardian.com/law/live/2015/jun/26/supreme-court-rules-same-sex-marriage
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| Supreme court: gay marriage legal across the US – live updates | Supreme court: gay marriage legal across the US – live updates |
| (35 minutes later) | |
| 10.53am ET15:53 | |
| Jim Obergefell, the lead plaintiff in the case, is speaking on the steps of the supreme court. | |
| The decision “affirms what millions across this country already know to be true in our hearts,” Obergefell says. “Our love is equal.” | |
| “All Americans deserve equal dignity respect and treatment when it comes,” he says, when it comes to their relationships and families. He says that he’s proud that “marriage equality can come to every state across our country.” | |
| “My hope is that the term ‘gay marriage’ will soon be a thing of the past, that from this day forward it will simply be ‘marriage’, and that our nation will be better off because of it.” | |
| Obergefell continues to say that he hopes the ruling will help reduce “the stigma, the hurt, and the alienation and discrimination that LGBT people all too often feel.” | |
| Finally Obergefell links one civil rights movement to another: “at the same time that we celebrate today’s victory my heart is still in Charleston,” a reference to the South Carolina city where nine black people were killed in a racially motivated murder earlier this month. | |
| Recent months of protests about inequality based on race, Obergefell says, “have been a reminder that discrimination is alive and well,” and that “progress for some is not progress for all, and there can be equally significant steps backwards as there are forward.” | |
| “We must be equally committed that all americans should be deserved equally.” | |
| 10.47am ET15:47 | |
| Conservatives are railing against the decision, declaring it “judicial activism” and with one radio host declaring today the day: he “saw Satan dancing with delight, the day the music died in the United States of America.” | |
| Former senator Rick Santorum. | |
| Today, 5 unelected judges redefined the foundational unit of society. Now it is the people's turn to speak #Marriage | |
| Former governor Mike Huckabee. | |
| This flawed, failed decision is an out-of-control act of unconstitutional judicial tyranny --> http://t.co/WMborH3TxB #SCOTUS | |
| And Republican candidate Donald Trump, who completely misidentifies the conservative justice who voted with the majority. | |
| Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember! | |
| 10.41am ET15:41 | |
| The White House has tweeted a gif that shows the remarkable pace of legalization for same-sex marriage in the United States: Massachusetts was the first state to legalize it in 2004; by 25 June 2015, 36 states had legalized gay marriage and Alabama was waging a protracted battle in the courts to keep its ban in place. | |
| Starting 26 June 2015, all 50 states will be required to issue marriage licenses to gay couples. | |
| #LoveWins. pic.twitter.com/s5aiwIsFz8 | |
| 10.38am ET15:38 | |
| Rights groups are celebrating the decision around the US – the ACLU has posted a massive banner on its website declaring “we’ve won marriage equality nationwide!” | |
| ACLU in NYC reacts to #SCOTUSMarriage decision. #lovewins pic.twitter.com/thnqyPLdxh | |
| pic.twitter.com/V5HFbz6Emy | |
| 10.34am ET15:34 | |
| In the majority opinion, Justice Kennedy emphatically knocked down arguments about procreation and the definition or protection of marriage as an institution. | |
| Under the laws of the several States, some of marriage’s protections for children and families are material. But marriage also confers more profound benefits. By giving recognition and legal struc- ture to their parents’ relationship, marriage allows children “to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.” | |
| Decisions about whether to marry and raise children are based on many personal, romantic, and practical considerations; and it is unrealistic to conclude that an opposite-sex couple would choose not to marry simply because same-sex couples may do so. | |
| He cites a prior decision about the alleged harmful effects of same-sex marriage on families. | |
| (“[I]t is wholly illogical to believe that state recognition of the love and commitment between same-sex couples will alter the most intimate and personal decisions of opposite-sex couples”). The respondents have not shown a foundation for the conclusion that allowing same-sex marriage will cause the harmful outcomes [they say it will]. | |
| Finally, he repudiates the idea that “the right to marry is less meaningful for those who do not or cannot have children. An ability, desire, or promise to procreate is not and has not been a prerequisite for a valid marriage in any State.” | |
| 10.28am ET15:28 | |
| Democrats, including two nominees for president, are hailing the decision with full-throated exclamations. | |
| Proud. pic.twitter.com/9J44PCYeuQ | |
| Reminded of Will and his moms on the day we passed marriage equality in MD. There’s no greater human right than love. pic.twitter.com/xg5X0HhP2j | |
| SCOTUS has unequivocally affirmed that equal justice means marriage equality for LGBT Americans! http://t.co/wWMh2H7Jns #LoveCantWait | |
| 10.26am ET15:26 | |
| My colleague Steven Thrasher is in Buffalo, New York, with Kitty Lambert-Rudd, who with Cheryl Rudd were the first same-sex couple married in New York state in 2011. | |
| “I am over the moon!” Lambert-Rudd said. “I remember, one of the first letters I ever wrote, was to a local Assemblyman. I told him I was 11th generation American citizen, and still not having the same rights as my siblings did. This is unbelievably awesome! Just awesome! Great when New York got marriage, there was always this gray cloud over it, because you knew you had something that other people didn’t. And you knew what that was like.” | |
| Tonight, the Lambert-Rudds have “planned for a big party in front in El Museo gallery,” on the street in Buffalo. “It’s a potluck, and everyone is welcome, and we’re just going to party until they send us all home!” | |
| Outside the courthouse the celebrations have begun in earnest. | |
| 10.21am ET15:21 | |
| Chief Justice John Roberts is reading his dissent from the bench, which the great Lyle Denniston of SCOTUSBlog says is the first time he’s ever done such a thing. Some nonconsecutive excerpts from his dissent, which essentially argues that this was a matter for the states to sort out, and not for judges to decide: | |
| “This Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be.” | |
| “Our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.” | |
| “Understand well what this dissent is about: it is not about whether, in my judgment, the institution of marriage should be changed to include same-sex couples. It is instead about whether, in our democratic republic, that decision should rest with the people acting through their elected representatives, or with five lawyers who happen to hold commissions authorizing them to resolve legal disputes according to law. The Constitution leaves no doubt about the answer.” | |
| “Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens – through the democratic process – to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept. “ | |
| “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.” | |
| Updated at 10.28am ET | |
| 10.15am ET15:15 | 10.15am ET15:15 |
| The last portion of Kennedy’s historic majority opinion affirming the nationwide right to gay marriage: | The last portion of Kennedy’s historic majority opinion affirming the nationwide right to gay marriage: |
| 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. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. | |
| It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. | It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right. |
| Barack Obama chimes in, years after announcing his “evolution” on the issue. | Barack Obama chimes in, years after announcing his “evolution” on the issue. |
| Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else. #LoveWins | Today is a big step in our march toward equality. Gay and lesbian couples now have the right to marry, just like anyone else. #LoveWins |
| Updated at 10.27am ET | |
| 10.11am ET15:11 | 10.11am ET15:11 |
| Bloomberg’s Tom Taylor is in the court (in the area where they allow cellphones). | Bloomberg’s Tom Taylor is in the court (in the area where they allow cellphones). |
| Kennedy from bench: "Until recent decades few people have even though of the concept of same-sex marriage." #SSM #SCOTUS | Kennedy from bench: "Until recent decades few people have even though of the concept of same-sex marriage." #SSM #SCOTUS |
| Kennedy from bench: "History of marriage is one of both continuity and change." #SCOTUS #SSM | Kennedy from bench: "History of marriage is one of both continuity and change." #SCOTUS #SSM |
| 10.09am ET15:09 | 10.09am ET15:09 |
| Justice Anthony Kennedy has written the historic majority opinion that the 14th amendment guarantees a right for same-sex couples to marry. | |
| Each of his conservative colleagues, John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito, has written a dissent. | Each of his conservative colleagues, John Roberts, Antonin Scalia, Clarence Thomas and Samuel Alito, has written a dissent. |
| You can read the opinion and dissents here. Kennedy appears to have argued strongly on the premises of dignity and equality, beginning his opinion with the following paragraph: | You can read the opinion and dissents here. Kennedy appears to have argued strongly on the premises of dignity and equality, beginning his opinion with the following paragraph: |
| From their beginning to their most recent page, the annals of human history reveal the transcendent importance of marriage. The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations. | From their beginning to their most recent page, the annals of human history reveal the transcendent importance of marriage. The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations. |
| Later, the opinion reads: | Later, the opinion reads: |
| 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.” | 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.” |
| Updated at 10.27am ET | |
| 10.02am ET15:02 | 10.02am ET15:02 |
| Supreme court legalizes gay marriage across US | Supreme court legalizes gay marriage across US |
| Hello and welcome to our coverage of the supreme court’s ruling that the constitution guarantees a right for same-sex couples to marry, a decision that has made gay marriage legal in all 50 states. | Hello and welcome to our coverage of the supreme court’s ruling that the constitution guarantees a right for same-sex couples to marry, a decision that has made gay marriage legal in all 50 states. |
| The court ruled 5-4 that the constitution requires a state to license a marriage between same-sex couples. Each of the dissenting justices wrote a dissent. | The court ruled 5-4 that the constitution requires a state to license a marriage between same-sex couples. Each of the dissenting justices wrote a dissent. |
| In 2013 the court struck down the Defense of Marriage Act, a decision that prompted a slew of state and federal court cases around the country upholding the right to gay marriage and knocking down state bans. | In 2013 the court struck down the Defense of Marriage Act, a decision that prompted a slew of state and federal court cases around the country upholding the right to gay marriage and knocking down state bans. |
| But federal appeals courts disagreed about the legality of such bans, bringing the case in expanded scope before the supreme court. | But federal appeals courts disagreed about the legality of such bans, bringing the case in expanded scope before the supreme court. |
| Same-sex marriage was legal in 36 states, and had a disputed status in Alabama. Some states have sought to circumvent rulings that legalized same-sex marriage, as in North Carolina, where magistrates can now cite religious reasons as legal cause to opt out of officiating same-sex marriages. | Same-sex marriage was legal in 36 states, and had a disputed status in Alabama. Some states have sought to circumvent rulings that legalized same-sex marriage, as in North Carolina, where magistrates can now cite religious reasons as legal cause to opt out of officiating same-sex marriages. |
| Follow along here for analysis and updates on the ruling and reaction from around the US, with contributions from Dan Roberts and Sabrina Siddiqui in Washington, Nicky Woolf at the Stonewall Inn in New York and Amanda Holpuch in Ann Arbor, Michigan, among my colleagues. | Follow along here for analysis and updates on the ruling and reaction from around the US, with contributions from Dan Roberts and Sabrina Siddiqui in Washington, Nicky Woolf at the Stonewall Inn in New York and Amanda Holpuch in Ann Arbor, Michigan, among my colleagues. |
| Updated at 10.06am ET | Updated at 10.06am ET |