The Supreme Court declared Friday that same-sex couples have a right to marry anywhere in the United States, a historic ruling resultant of decades of litigation over gay rights.
Prior to the ruling, gay and lesbian couples could marry in 36 states and the District of Columbia. The court’s 5-4 ruling means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.
The number of states allowing same-sex marriage had grown rapidly. As recently as last October, just over one-third of the states permitted it.
There are an estimated 390,000 married same-sex couples in the United States, according to UCLA’s Williams Institute, which tracks the demographics of gay and lesbian Americans. Another 70,000 couples living in states that do not currently permit them to wed would get married in the next three years, the institute says. Roughly one million same-sex couples, married and unmarried, live together in the United States, the institute says.
The Obama administration backed the right of same-sex couples to marry. The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and Obama declared his support for same-sex marriage in 2012.
The states affected by Friday’s ruling are: Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
Justice Anthony Kennedy wrote the majority opinion, just as he did in the court’s previous three major gay rights cases dating back to 1996. It came on the anniversary of two of those earlier decisions.
“No union is more profound than marriage,” Kennedy wrote, joined by the court’s four more liberal justices.
The four dissenting justices each filed a separate opinion explaining his views, but they all agreed that states and their voters should have been left with the power to decide who can marry.
“This court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us,” Chief Justice John Roberts wrote in dissent. Roberts read a summary of his dissent from the bench, the first time he has done so in nearly 10 years as chief justice.
“If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today’s decision,” Roberts said. “But do not celebrate the Constitution. It had nothing to do with it.”
Justice Antonin Scalia said he was not concerned so much about same-sex marriage but about “this court’s threat to American democracy.” Justices Samuel Alito and Clarence Thomas also dissented.
Several religious organizations criticized the decision and a group of pastors in Texas vowed to defy it.
Kennedy said nothing in the court’s ruling would force religions to condone, much less perform, weddings to which they object.
The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But some state officials and county clerks might follow the lead of the Fulton County, Georgia, probate court and decide there is little risk in issuing marriage licenses to same-sex couples.
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