The law of the land: Supreme Court rules same-sex marriage is a right in all 50 states

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WASHINGTON -- The Supreme Court has declared that same-sex couples have a right to marry anywhere in the United States.

Gay and lesbian couples already can marry in 36 states and the District of Columbia. The court's ruling on Friday means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.

The 5-4 same-sex marriage ruling had Justice Anthony Kennedy writing for the majority, with the four liberal justices. Each of the four conservative justices wrote their own dissent.

Shortly after the decision was announced, the White House updated its Facebook profile image to reflect the Supreme Court's ruling that legalizes same-sex marriage in all 50 states. The ruling establishes a new civil right and hands gay rights advocates a victory that until very recently would have seemed unthinkable.

"This ruling will strengthen all of our communities by offering to all loving same-sex couples the dignity of marriage across this great land," President Barack Obama said from the White House on Friday.

"In my second inaugural address I said that if we are truly created equal, then surely the love we commit we commit to one another must be equal as well.
It is gratifying to see that principal enshrined into law by this decision," the President said.

white house

The far-reaching decision settles one of the major civil rights fights of this era -- one that has rapidly evolved in the minds of the American pubic and its leaders, including President Barack Obama. He struggled publicly with the issue and ultimately embraced same-sex marriage in the months before his 2012 re-election.

"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family," Kennedy wrote. "In forming a marital union, two people become something greater than they once were."

It's that portion of the ruling that has moved many same-sex couples to tears.

In a dissent, Justice Antonin Scalia blasted the Court's "threat to American democracy."

"The substance of today's decree is not of immense personal importance to me," he wrote. "But what really astounds is the hubris reflected in today's judicial Putsch."

Governor Sam Brownback, R-Kansas, issued a statement following the Supreme Court ruling saying:

“Activist courts should not overrule the people of this state, who have clearly supported the Kansas Constitution’s definition of marriage as being between one man and one woman. We will review the ruling carefully to understand its effects on the people of Kansas.”

Governor Jay Nixon, D-Missouri, had a different reaction.

"No one should be discriminated against because of who they are or who they love.  In the coming days, I will be taking all necessary and appropriate actions to ensure this decision is implemented throughout the state of Missouri," Nixon said.

The relevant cases were argued earlier this year. Attorney John Bursch, serving as Michigan's Special Assistant Attorney General, defended four states' bans on gay marriage before the Court, arguing that the case was not about how to define marriage, but rather about who gets to decide the question. The case came before the Supreme Court after several lower courts overturned state bans on gay marriage. A federal appeals court had previously ruled in favor of the state bans, with Judge Jeffrey Sutton of the Sixth Circuit U.S. Court of Appeals writing a majority opinion in line with the rationale that the issue should be decided through the political process, not the courts.

Fourteen couples and two widowers challenged the bans. Attorneys Mary Bonauto and Doug Hallward-Driemeier presented their case before the Court, arguing that the freedom to marry is a fundamental right for all people and should not be left to popular vote.
Three years after President Barack Obama first voiced his support for gay couples' right to marry, his administration supported the same sex couples at the Supreme Court.

"Gay and lesbian people are equal," Solicitor General Donald B. Verrilli Jr. told the justices at the oral arguments earlier this year. "It is simply untenable -- untenable -- to suggest that they can be denied the right of equal participation in an institution of marriage, or that they can be required to wait until the majority decides that it is ready to treat gay and lesbian people as equals.

The same-sex couples who challenged gay marriage bans in Michigan, Tennessee, Kentucky and Ohio were just a few of the estimated 650,000 same-sex couples in the United States, 125,000 of whom are raising children.

The challenges included same-sex couples who wanted to marry, those who sought to have their lawful out-of-state marriage recognized, as well as those who wanted to amend a birth or death certificate with their marriage status.

The lead plaintiff in the case is Jim Obergefell who married his spouse John Arthur in 2013 months before Arthur died.

The couple, who lived in Ohio, had to travel to Maryland aboard a medical jet to get married when Arthur became gravely ill. And when Arthur died, Obergefell began to fight to be recognized as Arthur's spouse on his death certificate. The plaintiffs from Michigan are April DeBoer and Jayne Rowse, two Detroit-area nurses who are also foster parents. They took to the courts after they took in four special-needs newborns who were either abandoned or surrendered at birth, but could not jointly adopt the children because Michigan's adoption code requires that couples be married to adopt.

Sgt. Ijpe Dekoe and Thomas Kostura became plaintiffs in the gay marriage case after they moved to Tennessee from New York. The pair had married in New York in 2011, but Dekoe's position in the Army took the couple to Tennessee, which banned gay marriage and refused to recognize gay marriages performed in other states.

Read the full Supreme Court ruling here.

Watch live: Reaction outside Supreme Court after same-sex marriage decision.

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