obergefell et al hodges director ohio department health et argued april decided june michigan kentucky ohio tennessee define marriage union one man one woman petitioners couples two men whose partners deceased filed suits federal district courts home claiming respondent state officials violate fourteenth amendment denying right marry marriages lawfully performed another state given full recognition district ruled petitioners favor sixth circuit consolidated cases reversed held fourteenth amendment requires state license marriage two people sex recognize marriage two people sex marriage lawfully licensed performed pp turning governing principles precedents appropriate note history subject pp history marriage union two persons opposite sex marks beginning cases respondents demean timeless institution marriage extended couples petitioners far seeking devalue marriage seek respect need privileges responsibilities illustrated petitioners experiences pp history marriage one continuity change changes decline arranged marriages abandonment law coverture worked deep transformations structure marriage affecting aspects marriage viewed essential new insights strengthened weakened institution changed understandings marriage characteristic nation new dimensions freedom become apparent new generations dynamic seen nation experience gay lesbian rights well century many condemned intimacy immoral homosexuality treated illness later century cultural political developments allowed couples lead open public lives extensive public private dialogue followed along shifts public attitudes questions legal treatment gays lesbians soon reached courts discussed formal discourse law overruled decision bowers hardwick upheld georgia law criminalized certain homosexual acts concluding laws making intimacy crime demea lives homosexual persons lawrence texas federal defense marriage act also struck windsor numerous marriage cases reaching federal courts state courts added dialogue pp fourteenth amendment requires state license marriage two people sex pp fundamental liberties protected fourteenth amendment due process clause extend certain personal choices central individual dignity autonomy including intimate choices defining personal identity beliefs see eisenstadt baird griswold connecticut courts must exercise reasoned judgment identifying interests person fundamental state must accord respect history tradition guide discipline inquiry set outer boundaries new insight reveals discord constitution central protections received legal stricture claim liberty must addressed applying tenets long held right marry protected constitution example loving virginia invalidated bans interracial unions turner safley held prisoners denied right marry sure cases presumed relationship involving partners baker nelson summary decision issued holding exclusion couples marriage present substantial federal question instructive precedents expressed broader principles see lawrence supra assessing whether force rationale cases apply couples must respect basic reasons right marry long protected see eisenstadt supra analysis compels conclusion couples may exercise right marry pp four principles traditions demonstrate reasons marriage fundamental constitution apply equal force couples first premise relevant precedents right personal choice regarding marriage inherent concept individual autonomy abiding connection marriage liberty loving invalidated interracial marriage bans due process clause see decisions marriage among intimate individual make see lawrence supra true persons whatever sexual orientation second principle jurisprudence right marry fundamental supports union unlike importance committed individuals intimate association protected right central griswold connecticut held constitution protects right married couples use contraception acknowledged turner supra couples right couples enjoy intimate association right extending beyond mere freedom laws making intimacy criminal offense see lawrence supra third basis protecting right marry safeguards children families thus draws meaning related rights childrearing procreation education see pierce society sisters without recognition stability predictability marriage offers children suffer stigma knowing families somehow lesser also suffer significant material costs raised unmarried parents relegated difficult uncertain family life marriage laws issue thus harm humiliate children couples see windsor supra mean right marry less meaningful children precedent protects right married couple procreate right marry conditioned capacity commitment procreate finally cases nation traditions make clear marriage keystone nation social order see maynard hill contributed fundamental character marriage placing center many facets legal social order difference couples respect principle yet couples denied constellation benefits linked marriage consigned instability many couples find intolerable demeaning lock couples central institution nation society may aspire transcendent purposes marriage limitation marriage couples may long seemed natural inconsistency central meaning fundamental right marry manifest pp right couples marry also derived fourteenth amendment guarantee equal protection due process clause equal protection clause connected profound way rights implicit liberty rights secured equal protection may rest different precepts always yet may instructive meaning reach dynamic reflected loving invoked equal protection clause due process clause zablocki redhail invalidated law barring fathers delinquent payments marrying indeed recognizing new insights societal understandings reveal unjustified inequality within fundamental institutions passed unnoticed unchallenged invoked equal protection principles invalidate laws imposing inequality marriage see kirchberg feenstra confirmed relation liberty equality see acknowledged interlocking nature constitutional safeguards context legal treatment gays lesbians see lawrence dynamic also applies marriage challenged laws burden liberty couples abridge central precepts equality marriage laws issue essence unequal couples denied benefits afforded couples barred exercising fundamental right especially long history disapproval relationships denial works grave continuing harm serving disrespect subordinate gays lesbians pp right marry fundamental right inherent liberty person due process equal protection clauses fourteenth amendment couples may deprived right liberty couples may exercise fundamental right marry baker nelson overruled state laws challenged petitioners cases held invalid extent exclude couples civil marriage terms conditions couples pp may initial inclination await legislation litigation debate referenda legislative debates grassroots campaigns studies writings extensive litigation state federal courts led enhanced understanding issue constitution contemplates democracy appropriate process change individuals harmed need await legislative action asserting fundamental right bowers effect upheld state action denied gays lesbians fundamental right though eventually repudiated men women suffered pain humiliation interim effects injuries doubt lingered long bowers overruled ruling couples effect unjustified fourteenth amendment petitioners stories show urgency issue present duty address claims answer questions respondents argument allowing couples wed harm marriage institution rests counterintuitive view couples decisions marriage parenthood finally first amendment ensures religions adhere religious doctrines others protection seek teach principles fulfilling central lives faiths pp fourteenth amendment requires recognize marriages validly performed state since couples may exercise fundamental right marry lawful basis state refuse recognize lawful marriage performed another state ground character pp reversed kennedy delivered opinion ginsburg breyer sotomayor kagan joined roberts filed dissenting opinion scalia thomas joined scalia filed dissenting opinion thomas joined thomas filed dissenting opinion scalia joined alito filed dissenting opinion scalia thomas joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press nos et al et al et al et al et al et al et al writs certiorari appeals sixth circuit june justice kennedy delivered opinion constitution promises liberty within reach liberty includes certain specific rights allow persons within lawful realm define express identity petitioners cases seek find liberty marrying someone sex marriages deemed lawful terms conditions marriages persons opposite sex cases come michigan kentucky ohio tennessee define marriage union one man one woman see mich art const ohio rev code ann lexis tenn art xi petitioners couples two men whose partners deceased respondents state officials responsible enforcing laws question petitioners claim respondents violate fourteenth amendment denying right marry marriages lawfully performed another state given full recognition petitioners filed suits district courts home district ruled favor citations cases appendix infra respondents appealed decisions appeals sixth circuit consolidated cases reversed judgments district courts deboer snyder appeals held state constitutional obligation license marriages recognize marriages performed state petitioners sought certiorari granted review limited two questions first presented cases michigan kentucky whether fourteenth amendment requires state license marriage two people sex second presented cases ohio tennessee kentucky whether fourteenth amendment requires state recognize marriage licensed performed state grant right ii addressing principles precedents govern cases appropriate note history subject beginning recent page annals human history reveal transcendent importance marriage lifelong union man woman always promised nobility dignity persons without regard station life marriage sacred live religions offers unique fulfillment find meaning secular realm dynamic allows two people find life found alone marriage becomes greater two persons rising basic human needs marriage essential profound hopes aspirations centrality marriage human condition makes unsurprising institution existed millennia across civilizations since dawn history marriage transformed strangers relatives binding families societies together confucius taught marriage lies foundation government li chi book rites chai chai legge transl wisdom echoed centuries later half world away cicero wrote first bond society marriage next children family see de officiis miller transl untold references beauty marriage religious philosophical texts spanning time cultures faiths well art literature forms fair necessary say references based understanding marriage union two persons opposite sex history beginning cases respondents say end well demean timeless institution concept lawful status marriage extended two persons sex marriage view nature union man woman view long held continues held good faith reasonable sincere people throughout world petitioners acknowledge history contend cases end intent demean revered idea reality marriage petitioners claims different order neither purpose submission contrary enduring importance marriage underlies petitioners contentions say whole point far seeking devalue marriage petitioners seek respect need privileges responsibilities immutable nature dictates marriage real path profound commitment recounting circumstances three cases illustrates urgency petitioners cause perspective petitioner james obergefell plaintiff ohio case met john arthur two decades ago fell love started life together establishing lasting committed relation however arthur diagnosed amyotrophic lateral sclerosis als debilitating disease progressive known cure two years ago obergefell arthur decided commit one another resolving marry arthur died fulfill mutual promise traveled ohio maryland marriage legal difficult arthur move couple wed inside medical transport plane remained tarmac baltimore three months later arthur died ohio law permit obergefell listed surviving spouse arthur death certificate statute must remain strangers even death separation obergefell deems hurtful rest time app brought suit shown surviving spouse arthur death certificate april deboer jayne rowse case michigan celebrated commitment ceremony honor permanent relation work nurses deboer neonatal unit rowse emergency unit deboer rowse fostered adopted baby boy later year welcomed another son family new baby born prematurely abandoned biological mother required care next year baby girl special needs joined family michigan however permits married couples single individuals adopt child one woman legal parent emergency arise schools hospitals may treat three children one parent tragedy befall either deboer rowse legal rights children permitted adopt couple seeks relief continuing uncertainty unmarried status creates lives army reserve sergeant first class ijpe dekoe partner thomas kostura tennessee case fell love dekoe received orders deploy afghanistan leaving kostura married new york week later dekoe began deployment lasted almost year returned two settled tennessee dekoe works army reserve lawful marriage stripped whenever reside tennessee returning disappearing travel across state lines dekoe served nation preserve freedom constitution protects must endure substantial burden cases involve petitioners well experiences stories reveal seek denigrate marriage rather live lives honor spouses memory joined bond ancient origins marriage confirm centrality stood isolation developments law society history marriage one continuity change institution even confined relations evolved time example marriage viewed arrangement couple parents based political religious financial concerns time nation founding understood voluntary contract man woman see cott public vows history marriage nation coontz marriage history role status women changed institution evolved doctrine coverture married man woman treated state single legal entity see blackstone commentaries laws england women gained legal political property rights society began understand women equal dignity law coverture abandoned see brief historians marriage et al amici curiae developments institution marriage past centuries mere superficial changes rather worked deep transformations structure affecting aspects marriage long viewed many essential see generally cott public vows coontz marriage hartog man wife america history new insights strengthened weakened institution marriage indeed changed understandings marriage characteristic nation new dimensions freedom become apparent new generations often perspectives begin pleas protests considered political sphere judicial process dynamic seen nation experiences rights gays lesbians century intimacy long condemned immoral state western nations belief often embodied criminal law reason among others many persons deem homosexuals dignity distinct identity truthful declaration couples hearts remain unspoken even greater awareness humanity integrity homosexual persons came period world war ii argument gays lesbians claim dignity conflict law widespread social conventions intimacy remained crime many gays lesbians prohibited government employment barred military service excluded immigration laws targeted police burdened rights associate see brief organization american historians amicus curiae much century moreover homosexuality treated illness american psychiatric association published first diagnostic statistical manual mental disorders homosexuality classified mental disorder position adhered see position statement homosexuality civil rights psychiatry recent years psychiatrists others recognized sexual orientation normal expression human sexuality immutable see brief american psychological association et al amici curiae late century following substantial cultural political developments couples began lead open public lives establish families development followed quite extensive discussion issue governmental private sectors shift public attitudes toward greater tolerance result questions rights gays lesbians soon reached courts issue discussed formal discourse law first gave detailed consideration legal status homosexuals bowers hardwick upheld constitutionality georgia law deemed criminalize certain homosexual acts ten years later romer evans invalidated amendment colorado constitution sought foreclose branch political subdivision state protecting persons discrimination based sexual orientation overruled bowers holding laws making intimacy crime demea lives homosexual persons lawrence texas background legal question marriage arose hawaii held hawaii law restricting marriage couples constituted classification basis sex therefore subject strict scrutiny hawaii constitution baehr lewin haw although decision mandate marriage allowed concerned implications reaffirmed laws marriage defined union partners congress passed defense marriage act doma stat defining marriage purposes legal union one man one woman husband wife new widespread discussion subject led different conclusion judicial massachusetts held state constitution guaranteed couples right marry see goodridge department public health mass ruling additional granted marriage rights couples either judicial legislative processes decisions statutes cited appendix infra two terms ago windsor invalidated doma extent barred federal government treating marriages valid even lawful state licensed doma held impermissibly disparaged couples wanted affirm commitment one another children family friends community slip numerous cases marriage reached courts appeals recent years accordance judicial duty base decisions principled reasons neutral discussions without scornful disparaging commentary courts written substantial body law considering sides issues case law helps explain formulate underlying principles must consider exception opinion review one see citizens equal protection bruning courts appeals held excluding couples marriage violates constitution also many thoughtful district decisions addressing marriage concluded couples must allowed marry addition highest courts many contributed ongoing dialogue decisions interpreting state constitutions state federal judicial opinions cited appendix infra years litigation legislation referenda discussions attended public acts divided issue marriage see office atty maryland state marriage equality america supp iii due process clause fourteenth amendment state shall deprive person life liberty property without due process law fundamental liberties protected clause include rights enumerated bill rights see duncan louisiana addition liberties extend certain personal choices central individual dignity autonomy including intimate choices define personal identity beliefs see eisenstadt baird griswold connecticut identification protection fundamental rights enduring part judicial duty interpret constitution responsibility however reduced formula poe ullman harlan dissenting rather requires courts exercise reasoned judgment identifying interests person fundamental state must accord respect see ibid process guided many considerations relevant analysis constitutional provisions set forth broad principles rather specific requirements history tradition guide discipline inquiry set outer boundaries see lawrence supra method respects history learns without allowing past alone rule present nature injustice may always see times generations wrote ratified bill rights fourteenth amendment presume know extent freedom dimensions entrusted future generations charter protecting right persons enjoy liberty learn meaning new insight reveals discord constitution central protections received legal stricture claim liberty must addressed applying established tenets long held right marry protected constitution loving virginia invalidated bans interracial unions unanimous held marriage one vital personal rights essential orderly pursuit happiness free men reaffirmed holding zablocki redhail held right marry burdened law prohibiting fathers behind child support marrying applied principle turner safley held right marry abridged regulations limiting privilege prison inmates marry time contexts reiterated right marry fundamental due process clause see cleveland bd ed lafleur griswold supra skinner oklahoma ex rel williamson meyer nebraska denied cases describing right marry presumed relationship involving partners like many institutions made assumptions defined world time part evident baker nelson summary decision issued holding exclusion couples marriage present substantial federal question still instructive precedents cases expressed constitutional principles broader reach defining right marry cases identified essential attributes right based history tradition constitutional liberties inherent intimate bond see lawrence turner supra zablocki supra loving supra griswold supra assessing whether force rationale cases apply couples must respect basic reasons right marry long protected see eisenstadt supra poe supra harlan dissenting analysis compels conclusion couples may exercise right marry four principles traditions discussed demonstrate reasons marriage fundamental constitution apply equal force couples first premise relevant precedents right personal choice regarding marriage inherent concept individual autonomy abiding connection marriage liberty loving invalidated interracial marriage bans due process clause see see also zablocki supra observing loving held right marry fundamental importance individuals like choices concerning contraception family relationships procreation childrearing protected constitution decisions concerning marriage among intimate individual make see lawrence supra indeed noted contradictory recognize right privacy respect matters family life respect decision enter relationship foundation family society zablocki supra choices marriage shape individual destiny judicial massachusetts explained fulfils yearnings security safe connection express common human ity civil marriage esteemed institution decision whether marry among life momentous acts goodridge nature marriage enduring bond two persons together find freedoms expression intimacy spirituality true persons whatever sexual orientation see windsor slip dignity bond two men two women seek marry autonomy make profound choices cf loving supra freedom marry marry person another race resides individual infringed state second principle jurisprudence right marry fundamental supports union unlike importance committed individuals point central griswold connecticut held constitution protects right married couples use contraception suggesting marriage right older bill rights griswold described marriage way marriage coming together better worse hopefully enduring intimate degree sacred association promotes way life causes harmony living political faiths bilateral loyalty commercial social projects yet association noble purpose involved prior turner acknowledged intimate association protected right holding prisoners denied right marry committed relationships satisfied basic reasons marriage fundamental right see right marry thus dignifies couples wish define commitment windsor supra slip marriage responds universal fear lonely person might call find one offers hope companionship understanding assurance still live someone care held lawrence couples right couples enjoy intimate association lawrence invalidated laws made intimacy criminal act acknowledged hen sexuality finds overt expression intimate conduct another person conduct one element personal bond enduring lawrence confirmed dimension freedom allows individuals engage intimate association without criminal liability follow freedom stops outlaw outcast may step forward achieve full promise liberty third basis protecting right marry safeguards children families thus draws meaning related rights childrearing procreation education see pierce society sisters meyer recognized connections describing varied rights unified whole right establish home bring children central part liberty protected due process clause zablocki quoting meyer supra laws several marriage protections children families material marriage also confers profound benefits giving recognition legal structure parents relationship marriage allows children understand integrity closeness family concord families community daily lives windsor supra slip marriage also affords permanency stability important children best interests see brief scholars constitutional rights children amici curiae parties agree many couples provide loving nurturing homes children whether biological adopted hundreds thousands children presently raised couples see brief gary gates amicus curiae allowed gays lesbians adopt either individuals couples many adopted foster children parents see provides powerful confirmation law gays lesbians create loving supportive families excluding couples marriage thus conflicts central premise right marry without recognition stability predictability marriage offers children suffer stigma knowing families somehow lesser also suffer significant material costs raised unmarried parents relegated fault difficult uncertain family life marriage laws issue thus harm humiliate children couples see windsor supra slip say right marry less meaningful children ability desire promise procreate prerequisite valid marriage state light precedent protecting right married couple procreate said conditioned right marry capacity commitment procreate constitutional marriage right many aspects childbearing one fourth finally cases nation traditions make clear marriage keystone social order alexis de tocqueville recognized truth travels almost two centuries ago certainly country world tie marriage much respected america hen american retires turmoil public life bosom family finds image order peace afterwards carries image public affairs democracy america reeve rev ed maynard hill echoed de tocqueville explaining marriage foundation family society without neither civilization progress marriage maynard said long great public institution giving character whole civil polity idea reiterated even institution evolved substantial ways time superseding rules related parental consent gender race thought many essential see generally cott public vows marriage remains building block national community reason couple vows support society pledge support couple offering symbolic recognition material benefits protect nourish union indeed general free vary benefits confer married couples throughout history made marriage basis expanding list governmental rights benefits responsibilities aspects marital status include taxation inheritance property rights rules intestate succession spousal privilege law evidence hospital access medical decisionmaking authority adoption rights rights benefits survivors birth death certificates professional ethics rules campaign finance restrictions workers compensation benefits health insurance child custody support visitation rules see brief amicus curiae brief american bar association amicus curiae valid marriage state law also significant status thousand provisions federal law see windsor slip contributed fundamental character marriage right placing institution center many facets legal social order difference couples respect principle yet virtue exclusion institution couples denied constellation benefits linked marriage harm results material burdens couples consigned instability many couples deem intolerable lives state makes marriage precious significance attaches exclusion status effect teaching gays lesbians unequal important respects demeans gays lesbians state lock central institution nation society couples may aspire transcendent purposes marriage seek fulfillment highest meaning limitation marriage couples may long seemed natural inconsistency central meaning fundamental right marry manifest knowledge must come recognition laws excluding couples marriage right impose stigma injury kind prohibited basic charter objecting reflect appropriate framing issue respondents refer washington glucksberg called fundamental rights assert petitioners seek exercise right marry rather new nonexistent right marriage brief respondent glucksberg insist liberty due process clause must defined circumscribed manner central reference specific historical practices yet approach may appropriate asserted right involved suicide inconsistent approach used discussing fundamental rights including marriage intimacy loving ask right interracial marriage turner ask right inmates marry zablocki ask right fathers unpaid child support duties marry rather case inquired right marry comprehensive sense asking sufficient justification excluding relevant class right see also glucksberg souter concurring judgment breyer concurring judgments principle applies rights defined exercised past received practices serve continued justification new groups invoke rights denied rejected approach respect right marry rights gays lesbians see loving lawrence right marry fundamental matter history tradition rights come ancient sources alone rise better informed understanding constitutional imperatives define liberty remains urgent era many deem marriage wrong reach conclusion based decent honorable religious philosophical premises neither beliefs disparaged sincere personal opposition becomes enacted law public policy necessary consequence put imprimatur state exclusion soon demeans stigmatizes whose liberty denied constitution couples seek marriage legal treatment couples disparage choices diminish personhood deny right right couples marry part liberty promised fourteenth amendment derived amendment guarantee equal protection laws due process clause equal protection clause connected profound way though set forth independent principles rights implicit liberty rights secured equal protection may rest different precepts always yet instances may instructive meaning reach particular case one clause may thought capture essence right accurate comprehensive way even two clauses may converge identification definition right see kennedy concurring judgment bearden georgia interrelation two principles furthers understanding freedom must become cases touching upon right marry reflect dynamic loving invalidated prohibition interracial marriage equal protection clause due process clause first declared prohibition invalid treatment interracial couples stated doubt restricting freedom marry solely racial classifications violates central meaning equal protection clause link equal protection proceeded hold prohibition offended central precepts liberty deny fundamental freedom unsupportable basis racial classifications embodied statutes classifications directly subversive principle equality heart fourteenth amendment surely deprive state citizens liberty without due process law ibid reasons marriage fundamental right became clear compelling full awareness understanding hurt resulted laws barring interracial unions synergy two protections illustrated zablocki invoked equal protection clause basis invalidating challenged law already noted barred fathers behind payments marrying without judicial approval equal protection analysis depended central part holding law burdened right fundamental importance essential nature marriage right discussed length zablocki see made apparent law incompatibility requirements equality concept liberty equal protection leads stronger understanding indeed interpreting equal protection clause recognized new insights societal understandings reveal unjustified inequality within fundamental institutions passed unnoticed unchallenged take one period occurred respect marriage notwithstanding gradual erosion doctrine coverture see supra invidious classifications marriage remained common century see app brief appellant reed reed pp extensive reference laws extant treating women unequal men marriage classifications denied equal dignity men women one state law example provided husband head family wife subject legal civil existence merged husband except far law recognizes separately either protection benefit code ann responding new awareness invoked equal protection principles invalidate laws imposing inequality marriage see kirchberg feenstra wengler druggists mut ins califano westcott orr orr califano goldfarb plurality opinion weinberger wiesenfeld frontiero richardson like loving zablocki precedents show equal protection clause help identify correct inequalities institution marriage vindicating precepts liberty equality constitution cases confirm relation liberty equality invalidated due process equal protection principles statute requiring indigent mothers pay fee order appeal termination parental rights see eisenstadt baird invoked principles invalidate prohibition distribution contraceptives unmarried persons married persons see skinner oklahoma ex rel williamson invalidated principles law allowed sterilization habitual criminals see lawrence acknowledged interlocking nature constitutional safeguards context legal treatment gays lesbians see although lawrence elaborated holding due process clause acknowledged sought remedy continuing inequality resulted laws making intimacy lives gays lesbians crime state see ibid lawrence therefore drew upon principles liberty equality define protect rights gays lesbians holding state demean existence control destiny making private sexual conduct crime dynamic also applies marriage clear challenged laws burden liberty couples must acknowledged abridge central precepts equality marriage laws enforced respondents essence unequal couples denied benefits afforded couples barred exercising fundamental right especially long history disapproval relationships denial couples right marry works grave continuing harm imposition disability gays lesbians serves disrespect subordinate equal protection clause like due process clause prohibits unjustified infringement fundamental right marry see zablocki supra skinner considerations lead conclusion right marry fundamental right inherent liberty person due process equal protection clauses fourteenth amendment couples may deprived right liberty holds couples may exercise fundamental right marry longer may liberty denied baker nelson must overruled state laws challenged petitioners cases held invalid extent exclude couples civil marriage terms conditions couples iv may initial inclination cases proceed caution await legislation litigation debate respondents warn insufficient democratic discourse deciding issue basic definition marriage ruling cases majority opinion appeals made cogent argument appropriate respondents await public discussion political measures licensing marriages see deboer yet far deliberation argument acknowledges referenda legislative debates grassroots campaigns well countless studies papers books popular scholarly writings extensive litigation state federal courts see appendix infra judicial opinions addressing issue informed contentions parties counsel turn reflect general societal discussion marriage meaning occurred past decades amici make clear filings many central institutions american life state local governments military large small businesses labor unions religious organizations law enforcement civic groups professional organizations universities devoted substantial attention question led enhanced understanding issue understanding reflected arguments presented resolution matter constitutional law course constitution contemplates democracy appropriate process change long process abridge fundamental rights last term plurality reaffirmed importance democratic principle schuette bamn noting right citizens debate learn decide political process act concert try shape course times slip indeed often democracy liberty preserved protected lives schuette also said freedom secured constitution consists one essential dimensions right individual injured unlawful exercise governmental power slip thus rights persons violated constitution requires redress courts notwithstanding general value democratic decisionmaking slip holds true even protecting individual rights affects issues utmost importance sensitivity dynamic constitutional system individuals need await legislative action asserting fundamental right nation courts open injured individuals come vindicate direct personal stake basic charter individual invoke right constitutional protection harmed even broader public disagrees even legislature refuses act idea constitution withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts west virginia bd ed barnette fundamental rights may submitted vote depend outcome elections ibid moment whether advocates marriage enjoy lack momentum democratic process issue legal question whether constitution protects right couples marry first time asked adopt cautious approach recognizing protecting fundamental rights bowers bare majority upheld law criminalizing intimacy see approach might viewed cautious endorsement democratic process begun consider rights gays lesbians yet effect bowers upheld state action denied gays lesbians fundamental right caused pain humiliation evidenced dissents case facts principles necessary correct holding known bowers see blackmun joined brennan marshall stevens dissenting stevens joined brennan marshall dissenting lawrence held bowers correct decided although bowers eventually repudiated lawrence men women harmed interim substantial effects injuries doubt lingered long bowers overruled dignitary wounds always healed stroke pen ruling couples effect like bowers unjustified fourteenth amendment petitioners stories make clear urgency issue present james obergefell asks whether ohio erase marriage john arthur time april deboer jayne rowse ask whether michigan may continue deny certainty stability mothers desire protect children children childhood years pass soon ijpe dekoe thomas kostura ask whether tennessee deny one served nation basic dignity recognizing new york marriage properly presented petitioners cases duty address claims answer questions indeed faced disagreement among courts appeals disagreement caused impermissible geographic variation meaning federal law granted review determine whether couples may exercise right marry uphold challenged laws constitutional teach nation laws accord society basic compact stay hand allow slower determination required availability specific public benefits couples still deny gays lesbians many rights responsibilities intertwined marriage respondents also argue allowing couples wed harm marriage institution leading fewer marriages may occur respondents contend licensing marriage severs connection natural procreation marriage argument however rests counterintuitive view couple decisionmaking processes regarding marriage parenthood decisions whether marry raise children based many personal romantic practical considerations unrealistic conclude couple choose marry simply couples may see kitchen herbert wholly illogical believe state recognition love commitment couples alter intimate personal decisions couples respondents shown foundation conclusion allowing marriage cause harmful outcomes describe indeed respect asserted basis excluding couples right marry appropriate observe cases involve rights two consenting adults whose marriages pose risk harm third parties finally must emphasized religions adhere religious doctrines may continue advocate utmost sincere conviction divine precepts marriage condoned first amendment ensures religious organizations persons given proper protection seek teach principles fulfilling central lives faiths deep aspirations continue family structure long revered true oppose marriage reasons turn believe allowing marriage proper indeed essential whether matter religious conviction secular belief may engage disagree view open searching debate constitution however permit state bar couples marriage terms accorded couples opposite sex cases also present question whether constitution requires recognize marriages validly performed state made clear case obergefell arthur dekoe kostura recognition bans inflict substantial continuing harm couples married one state valid marriage denied another one perplexing distressing complication law domestic relations williams north carolina internal quotation marks omitted leaving current state affairs place maintain promote instability uncertainty couples even ordinary drive neighboring state visit family friends risks causing severe hardship event spouse hospitalization across state lines light fact many already allow marriage hundreds thousands marriages already occurred disruption caused recognition bans significant counsel respondents acknowledged argument required constitution issue marriage licenses couples justifications refusing recognize marriages performed elsewhere undermined see tr oral arg question decision holds couples may exercise fundamental right marry follows also must hold hold lawful basis state refuse recognize lawful marriage performed another state ground character union profound marriage embodies highest ideals love fidelity devotion sacrifice family forming marital union two people become something greater petitioners cases demonstrate marriage embodies love may endure even past death misunderstand men women say disrespect idea marriage plea respect respect deeply seek find fulfillment hope condemned live loneliness excluded one civilization oldest institutions ask equal dignity eyes law constitution grants right judgment appeals sixth circuit reversed ordered appendices state federal judicial decisions addressing marriage courts appeals decisions adams howerton smelt county orange citizens equal protection bruning windsor massachusetts department health human services perry brown latta otter baskin bogan bishop smith bostic schaefer kitchen herbert deboer snyder latta otter dissenting denial rehearing en banc district decisions adams howerton supp cd cal citizens equal protection bruning supp neb citizens equal protection bruning supp neb wilson ake supp md smelt county orange supp cd cal bishop oklahoma ex rel edmondson supp nd massachusetts department health human services supp mass gill office personnel management supp mass perry schwarzenegger supp nd cal dragovich department treasury supp nd cal golinski office personnel management supp nd cal dragovich department treasury supp nd cal windsor supp sdny pedersen office personnel management supp jackson abercrombie supp haw sevcik sandoval supp merritt attorney general wl md gray orr supp nd lee orr wl nd kitchen herbert supp utah obergefell wymyslo supp sd ohio bishop ex rel holder supp nd bourke beshear supp wd lee orr wl nd bostic rainey supp ed de leon perry supp wd tex tanco haslam supp md deboer snyder supp ed henry himes supp sd ohio latta otter supp idaho geiger kitzhaber supp evans utah supp utah whitewood wolf supp md wolf walker supp wd baskin bogan supp sd ind love beshear supp wd burns hickenlooper wl july bowling pence supp sd ind brenner scott supp nd robicheaux caldwell supp ed la general synod church christ resinger supp wdnc hamby parnell supp alaska smith supp mdnc majors horne supp connolly jeanes supp wl guzzo mead wl supp pr marie moser supp wl lawson kelly supp wd mo mcgee cole supp wl sd condon haley supp bradacs haley supp rolando fox supp mont jernigan crane supp wl ed campaign southern equality bryant supp wl sd inniss aderhold supp wl nd rosenbrahn daugaard supp caspar snyder supp wl ed searcey strange dist lexis sd strawser strange supp sd waters ricketts supp neb state highest decisions baker nelson jones hallahan baehr lewin haw dean district columbia baker state brause state alaska ripeness goodridge department public health mass opinions justices senate mass li state department public mass lewis harris andersen king county hernandez robles conaway deane md marriage cases cal kerrigan commissioner public health strauss horton cal varnum brien iowa griego oliver garden state equality dow ex parte state ex rel alabama policy institute wl mar state legislation judicial decisions legalizing marriage legislation del code tit cum supp act reg haw rev stat cum supp pub act rev stat tit cum supp md laws minn laws laws laws laws acts resolves sess laws judicial decisions goodridge department public health mass kerrigan commissioner public health varnum brien iowa griego oliver garden state equality dow roberts dissenting nos et al et al et al et al et al et al et al writs certiorari appeals sixth circuit june chief justice roberts justice scalia justice thomas join dissenting petitioners make strong arguments rooted social policy considerations fairness contend couples allowed affirm love commitment marriage like couples position undeniable appeal past six years voters legislators eleven district columbia revised laws allow marriage two people sex legislature whether marriage good idea concern us constitution judges power say law people ratified constitution authorized courts exercise neither force merely judgment federalist rossiter ed hamilton capitalization altered although policy arguments extending marriage couples may compelling legal arguments requiring extension fundamental right marry include right make state change definition marriage state decision maintain meaning marriage persisted every culture throughout human history hardly called irrational short constitution enact one theory marriage people state free expand marriage include couples retain historic definition today however takes extraordinary step ordering every state license recognize marriage many people rejoice decision begrudge none celebration believe government laws men majority approach deeply disheartening supporters marriage achieved considerable success persuading fellow citizens democratic process adopt view ends today five lawyers closed debate enacted vision marriage matter constitutional law stealing issue people many cast cloud marriage making dramatic social change much difficult accept majority decision act legal judgment right announces basis constitution precedent majority expressly disclaims judicial caution omits even pretense humility openly relying desire remake society according new insight nature injustice ante result invalidates marriage laws half orders transformation social institution formed basis human society millennia kalahari bushmen han chinese carthaginians aztecs think tempting judges confuse preferences requirements law reminded throughout history constitution made people fundamentally differing views lochner new york holmes dissenting accordingly courts concerned wisdom policy legislation harlan dissenting majority today neglects restrained conception judicial role seizes question constitution leaves people time people engaged vibrant debate question answers question based neutral principles constitutional law understanding freedom must become ante choice dissent understand well dissent whether judgment institution marriage changed include couples instead whether democratic republic decision rest people acting elected representatives five lawyers happen hold commissions authorizing resolve legal disputes according law constitution leaves doubt answer petitioners amici base arguments right marry imperative marriage equality serious dispute precedents constitution protects right marry requires apply marriage laws equally real question cases constitutes marriage precisely decides constitutes marriage majority largely ignores questions relegating ages human experience marriage paragraph two even history precedent end cases ante sweep away long settled without showing greater respect preceded us town greece galloway slip majority acknowledges marriage existed millennia across civilizations ante millennia across civilizations marriage referred one relationship union man woman see ante tr oral arg question petitioners conceding aware society permitted marriage explained two terms ago recent years marriage man woman doubt thought people essential definition term role function throughout history civilization windsor slip universal definition marriage union man woman historical coincidence marriage come result political movement discovery disease war religious doctrine moving force world history certainly result prehistoric decision exclude gays lesbians arose nature things meet vital need ensuring children conceived mother father committed raising stable conditions lifelong relationship see quale history marriage systems cf cicero de officiis miller transl since reproductive instinct nature gift common possession living creatures first bond union husband wife next parents children find one home everything premises supporting concept marriage fundamental rarely require articulation human race must procreate survive procreation occurs sexual relations man woman sexual relations result conception child child prospects generally better mother father stay together rather going separate ways therefore good children society sexual relations lead procreation occur man woman committed lasting bond society recognized bond marriage bestowing respected status material benefits married couples society encourages men women conduct sexual relations within marriage rather without one prominent scholar put marriage socially arranged solution problem getting people stay together care children mere desire children sex makes children possible solve wilson marriage problem singular understanding marriage prevailed throughout history majority accepts time nation founding marriage understood voluntary contract man woman ante early americans drew heavily legal scholars like william blackstone regarded marriage husband wife one great relations private life philosophers like john locke described marriage voluntary compact man woman centered chief end procreation nourishment support children blackstone commentaries locke second treatise civil government gough ed drafted ratified constitution conception marriage family given structure stability roles values accepted forte framers idea marriage family meaning marriage george elshtain eds constitution says nothing marriage framers thereby entrusted whole subject domestic relations husband wife windsor slip quoting burrus dispute every state founding every state throughout history dozen years ago defined marriage traditional biologically rooted way four cases typical laws statehood treated marriage union man woman see deboer snyder even state laws specify definition expressly one doubted meant see jones hallahan app meaning marriage went without saying course many say first american dictionary noah webster defined marriage legal union man woman life served purposes preventing promiscuous intercourse sexes promoting domestic felicity securing maintenance education children american dictionary english language influential treatise defined marriage civil status existing one man one woman legally life civil social purposes based distinction sex bishop commentaries law marriage divorce first edition black law dictionary defined marriage civil status one man one woman law life black law dictionary emphasis deleted dictionary maintained essentially definition next century precedents repeatedly described marriage ways consistent traditional meaning early cases subject referred marriage union life one man one woman murphy ramsey forms foundation family society without neither civilization progress maynard hill later described marriage fundamental existence survival understanding necessarily implies procreative component loving virginia see skinner oklahoma ex rel williamson recent cases directly connected right marry right procreate zablocki redhail majority notes aspects marriage changed time arranged marriages largely given way pairings based romantic love replaced coverture doctrine married man woman became single legal entity laws respect participant separate status racial restrictions marriage arose incident slavery promote white supremacy repealed many ultimately struck loving majority observes developments mere superficial changes marriage rather worked deep transformations structure ante however work transformation core structure marriage union man woman asked person street marriage defined one ever said marriage union man woman woman subject coverture majority may right history marriage one continuity change core meaning marriage endured ante shortly struck racial restrictions marriage loving gay couple minnesota sought marriage license argued constitution required allow marriage people sex reasons requires allow marriage people different races minnesota rejected analogy loving summarily dismissed appeal baker nelson decades baker greater numbers gays lesbians began living openly many expressed desire relationships recognized marriages time people came see marriage way extended couples recently new view marriage remained minority position massachusetts judicial interpreted state constitution require recognition marriage many including four issue enacted constitutional amendments formally adopting longstanding definition marriage last years public opinion marriage shifted rapidly legislatures vermont new hampshire district columbia became first nation enact laws revised definition marriage include couples also providing accommodations religious believers new york legislature enacted similar law voters maine reversing result referendum three years earlier upheld traditional definition marriage voters legislators eleven district columbia changed definitions marriage include couples highest courts five decreed result constitutions remainder retain traditional definition marriage petitioners brought lawsuits contending due process equal protection clauses fourteenth amendment compel license recognize marriages couples carefully reasoned decision appeals acknowledged democratic momentum favor expand ing definition marriage include gay couples concluded petitioners made case constitutionalizing definition marriage removing issue place since founding hands state voters decision interpreted constitution correctly affirm ii petitioners first contend marriage laws violate due process clause solicitor general appearing support petitioners expressly disowned position see tr oral arg question majority nevertheless resolves cases petitioners based almost entirely due process clause majority purports identify four principles traditions due process precedents support fundamental right couples marry ante reality however majority approach basis principle tradition except unprincipled tradition judicial policymaking characterized discredited decisions lochner new york stripped shiny rhetorical gloss majority argument due process clause gives couples fundamental right marry good society legislator certainly consider view matter social policy judge find majority position indefensible matter constitutional law petitioners fundamental right claim falls sensitive category constitutional adjudication petitioners contend marriage laws violate enumerated constitutional right freedom speech protected first amendment companionship understanding nobility dignity clause constitution see ante argue instead laws violate right implied fourteenth amendment requirement liberty may deprived without due process law interpreted due process clause include substantive component protects certain liberty interests state deprivation matter process provided reno flores theory liberties rooted traditions conscience people ranked fundamental therefore deprived without compelling justification snyder massachusetts allowing unelected federal judges select unenumerated rights rank fundamental strike state laws basis determination raises obvious concerns judicial role precedents accordingly insisted judges exercise utmost care identifying implied fundamental rights lest liberty protected due process clause subtly transformed policy preferences members washington glucksberg internal quotation marks omitted see kennedy unenumerated rights dictates judicial restraint address stanford one conclude certain essential fundamental rights exist society follow essential rights one judges enforce written constitution due process clause guarantee every right inhere ideal need restraint administering strong medicine substantive due process lesson learned hard way first applied substantive due process strike statute dred scott sandford invalidated missouri compromise ground legislation restricting institution slavery violated implied rights slaveholders relied conception liberty property asserted act congress deprives citizen liberty property merely came brought property particular territory hardly dignified name due process law dissent outlasted majority opinion justice curtis explained fixed rules govern interpretation laws abandoned theoretical opinions individuals allowed control constitution meaning longer constitution government individual men time power declare constitution according views mean dred scott holding overruled battlefields civil war constitutional amendment appomattox approach due process clause reappeared series early cases prominently lochner new york invalidated state statutes presented meddlesome interferences rights individual undue interference liberty person freedom contract lochner struck new york law setting maximum hours bakery employees judgment reasonable foundation holding necessary appropriate health law dissenting justices lochner explained new york law viewed reasonable response legislative concern health bakery employees issue least room debate honest difference opinion opinion harlan majority contrary conclusion required adopting constitutional law economic theory large part country entertain opinion holmes justice holmes memorably put fourteenth amendment enact herbert spencer social statics leading work philosophy social darwinism ibid constitution intended embody particular economic theory made people fundamentally differing views accident finding certain opinions natural familiar novel even shocking conclude judgment upon question whether statutes embodying conflict constitution decades lochner struck nearly laws violations individual liberty often strong dissents contending criterion constitutionality whether believe law public good adkins children hospital opinion holmes empowering judges elevate policy judgments status constitutionally protected liberty lochner line cases left alternative regarding legislative chamber hand bill rights eventually recognized error vowed repeat doctrine due process authorizes courts hold laws unconstitutional believe legislature acted unwisely later explained long since discarded returned original constitutional proposition courts substitute social economic beliefs judgment legislative bodies elected pass laws ferguson skrupa see lighting missouri sit weigh wisdom legislation thus become accepted rule hold laws unconstitutional simply find unwise improvident harmony particular school thought williamson lee optical rejecting lochner require disavowing doctrine implied fundamental rights done avoid repeating lochner error converting personal preferences constitutional mandates modern substantive due process cases stressed need judicial collins harker heights precedents required implied fundamental rights objectively deeply rooted nation history tradition implicit concept ordered liberty neither liberty justice exist sacrificed glucksberg internal quotation marks omitted although articulated importance history tradition fundamental rights inquiry precisely glucksberg many cases adopted approach see district attorney office third judicial dist osborne flores salerno moore east cleveland plurality opinion see also white dissenting judiciary including vulnerable comes nearest illegitimacy deals constitutional law little cognizable roots language even design constitution troxel granville kennedy dissenting consulting ur nation history legal traditions concluding owe nation domestic relations legal structure proceed caution quoting glucksberg proper reliance history tradition course requires looking beyond individual law challenged every restriction liberty supply constitutional justification right ante given guideposts responsible decisionmaking unchartered area collins approach grounded history imposes limits judiciary meaningful based abstract formula moore plurality opinion expanding right suddenly dramatically likely require tearing roots even sincere profession discipline identifying fundamental rights ante provide meaningful constraint judge really likely whether fully aware values ely democracy distrust way ensure restraint delicate enterprise continual insistence upon respect teachings history solid recognition basic values underlie society wise appreciation great roles doctrines federalism separation powers griswold connecticut harlan concurring judgment majority acknowledges none doctrinal background easy see aggressive application substantive due process breaks sharply decades precedent returns unprincipled approach lochner majority driving themes marriage desirable petitioners desire opinion describes transcendent importance marriage repeatedly insists petitioners seek demean devalue denigrate disrespect institution ante nobody disputes points indeed compelling personal accounts petitioners others like likely primary reason many americans changed minds whether couples allowed marry matter constitutional law however sincerity petitioners wishes relevant majority turns law relies primarily precedents discussing fundamental right marry turner safley zablocki see loving cases hold course anyone wants get married constitutional right instead require state justify barriers marriage institution always understood loving held racial restrictions right marry lacked compelling justification zablocki restrictions based child support debts suffice turner restrictions based status prisoner deemed impermissible none laws issue cases purported change core definition marriage union man woman laws challenged zablocki turner define marriage union man woman neither party owes child support prison interracial marriage ban issue loving define marriage union man woman race see tragen comment statutory prohibitions interracial marriage cal rev common law ban interracial marriage post thomas dissenting removing racial barriers marriage therefore change marriage integrating schools changed school majority admits institution marriage discussed every one cases presumed relationship involving partners ante short right marry cases stand important limited proposition particular restrictions access marriage traditionally defined violate due process precedents say nothing right make state change definition marriage right petitioners actually seek see windsor alito dissenting slip windsor seek protection deeply rooted right recognition new neither petitioners majority cites single case legal source providing basis constitutional right none exists enough foreclose claim majority suggests instructive precedents informing right marry ante although entirely clear reference seems correspond line cases discussing implied fundamental right privacy griswold first cases invalidated criminal law banned use contraceptives stressed invasive nature ban threatened intrusion police search sacred precincts marital bedrooms view laws infringed right privacy basic sense right let alone eisenstadt baird internal quotation marks omitted see olmstead brandeis dissenting also invoked right privacy lawrence texas struck texas statute criminalizing homosexual sodomy lawrence relied position criminal sodomy laws like bans contraceptives invaded privacy inviting unwarranted government intrusions touc upon private human conduct sexual behavior private places home neither lawrence precedent privacy line cases supports right petitioners assert unlike criminal laws banning contraceptives sodomy marriage laws issue involve government intrusion create crime impose punishment couples remain free live together engage intimate conduct raise families see fit one condemned live loneliness laws challenged cases one ante time laws way interfere right let alone majority also relies justice harlan influential dissenting opinion poe ullman majority recounts opinion ue process reduced formula far conferring broad interpretive discretion majority discerns justice harlan opinion makes clear courts implying fundamental rights free roam unguided speculation might take ibid must instead regard history teaches exercise judgment restraint ibid particular relevance justice harlan explained laws regarding marriage provide sexual powers may used legal societal context children born brought form pattern deeply pressed substance social life constitutional doctrine area must build upon basis sum privacy cases provide support majority position petitioners seek privacy quite opposite seek public recognition relationships along corresponding government benefits cases consistently refused allow litigants convert shield provided constitutional liberties sword demand positive entitlements state see deshaney winnebago county dept social san antonio independent school dist rodriguez post thomas dissenting thus although right privacy recognized precedents certainly plays role protecting intimate conduct couples provides affirmative right redefine marriage basis striking laws issue perhaps recognizing little support derive precedent majority goes way jettison careful approach implied fundamental rights taken glucksberg ante quoting revealing majority position requires effectively overrule glucksberg leading modern case setting bounds substantive due process least part majority opinion virtue candor nobody rightly accuse majority taking careful approach ultimately one precedent offers support majority methodology lochner new york majority opens opinion announcing petitioners right define express identity ante majority later explains right personal choice regarding marriage inherent concept individual autonomy ante freewheeling notion individual autonomy echoes nothing much general right individual free person power contract relation labor lochner emphasis added fair majority suggest individual autonomy right entirely unconstrained constraints sets precisely accord reasoned judgment informed new insight nature injustice invisible came become clear learn meaning liberty ante truth today decision rests nothing majority conviction couples allowed marry want disparage choices diminish personhood deny right ante whatever force belief may matter moral philosophy basis constitution naked policy preferences adopted lochner see believe soundness views uphold law illegal interference rights individuals make contracts regarding labor upon terms may think best majority recognizes today cases mark first time asked adopt cautious approach recognizing protecting fundamental rights ante much agree asked agreed adopt cautious approach implying fundamental rights debacle lochner era today majority casts caution aside revives grave errors period one immediate question invited majority position whether may retain definition marriage union two people cf brown buhman supp utah appeal pending although majority randomly inserts adjective two various places offers reason element core definition marriage may preserved element may indeed standpoint history tradition leap marriage marriage much greater one union plural unions deep roots cultures around world majority willing take big leap hard see say shorter one striking much majority reasoning apply equal force claim fundamental right plural marriage dignity bond two men two women seek marry autonomy make profound choices ante less dignity bond three people exercising autonomy seek make profound choice marry couple constitutional right marry children otherwise suffer stigma knowing families somehow lesser ante reasoning apply family three persons raising children opportunity marry serves disrespect subordinate gay lesbian couples imposition disability ante serve disrespect subordinate people find fulfillment polyamorous relationships see bennett polyamory next sexual revolution newsweek july estimating polyamorous families li married lesbian throuple expecting first child post apr otter three may crowd case constitutional right plural marriage emory mean equate marriage couples plural marriages respects may well relevant differences compel different legal analysis petitioners pointed asked plural marital union oral argument petitioners asserted state institution tr oral arg question exactly point issue institution marriage either near end opinion majority offers perhaps clearest insight decision expanding marriage include couples majority insists pose risk harm third parties ante argument echoes lochner relied assessment think law like one us involves neither safety morals welfare public interest public slightest degree affected act assertion harm principle sounds philosophy law elevation fullest individual constraints society expressed law may may attractive moral philosophy justice commission confer special moral philosophical social insight sufficient justify imposing perceptions fellow citizens pretense due process indeed process due people issues sort democratic process respecting understanding requires guided law particular school social thought judge henry friendly put echoing justice holmes dissent lochner fourteenth amendment enact john stuart mill liberty enacts herbert spencer social statics see randolph roe wade judge friendly draft abortion opinion harv pub certainly enact one concept marriage majority understanding due process lays tantalizing vision future members unvarying social institution enduring recorded history inhibit judicial policymaking approach dangerous rule law purpose insisting implied fundamental rights roots history tradition people ensure unelected judges strike democratically enacted laws based something beliefs today overlooks country entire history tradition actively repudiates preferring live heady days agree majority nature injustice may always see times ante petitioners put times blind tr oral arg question blind history prideful unwise past never dead even past faulkner requiem nun iii addition due process argument petitioners contend equal protection clause requires license recognize marriages majority seriously engage claim discussion quite frankly difficult follow central point seems synergy equal protection clause due process clause precedents relying one clause also relied ante absent portion opinion however anything resembling usual framework deciding equal protection cases casebook doctrine modern treatment equal protection claims used methodology judges ask whether classification government using sufficiently related goals pursuing stone seidman sunstein tushnet karlan constitutional law ed majority approach today different rights implicit liberty rights secured equal protection may rest different precepts always yet instances may instructive meaning reach particular case one clause may thought capture essence right accurate comprehensive way even two clauses may converge identification definition right ante majority goes assert conclusory fashion equal protection clause provides alternative basis holding ante yet majority fails provide even single sentence explaining equal protection clause supplies independent weight position attempt justify gratuitous violation canon unnecessarily resolving constitutional questions see northwest austin municipal util dist one holder event marriage laws issue violate equal protection clause distinguishing couples rationally related legitimate state interest preserving traditional institution marriage lawrence concurring judgment important note precision laws petitioners challenged although discuss ancillary legal benefits accompany marriage hospital visitation rights recognition spousal status official documents petitioners lawsuits target laws defining marriage generally rather allocating benefits specifically equal protection analysis might different view confronted focused challenge denial certain tangible benefits course selective claims arise taken drastic step requiring every state license recognize marriages couples iv legitimacy ultimately rests upon respect accorded judgments republican party white kennedy concurring respect flows perception reality exercise humility restraint deciding cases according constitution law role envisioned majority today however anything humble restrained majority exalts role judiciary delivering social change majority telling courts people responsible making new dimensions freedom apparent new generations providing formal discourse social issues ensuring neutral discussions without scornful disparaging commentary ante nowhere majority extravagant conception judicial supremacy evident description dismissal public debate regarding marriage yes majority concedes one side thousands years human history every society known populated planet side extensive litigation many thoughtful district decisions countless studies papers books popular scholarly writings amicus briefs cases alone ante point allowing democratic process go high time decide meaning marriage based five lawyers better informed understanding liberty remains urgent era ante answer surely one amicus briefs studies founded country recognize majority conception judicial role risked lives fortunes precious right govern never imagined yielding right question social policy unaccountable unelected judges certainly satisfied system empowering judges override policy judgments long quite extensive discussion ante democracy debate content law exhaustion requirement checked courts impose surely constitution put either legislative branch executive branch position television quiz show contestant given period time elapsed problem remains unresolved federal judiciary may press buzzer take turn fashioning solution rehnquist notion living constitution texas rev plurality explained last year demeaning democratic process presume voters capable deciding issue sensitivity decent rational grounds schuette bamn slip accumulation power occur vacuum comes expense people know abroad people midst serious thoughtful public debate issue marriage see voters carefully considering marriage casting ballots favor opposed sometimes changing minds see political leaders similarly reexamining positions either reversing course explaining adherence old convictions confirmed anew see governments businesses modifying policies practices respect couples participating actively civic discourse see countries overseas democratically accepting profound social change declining deliberative process making people take seriously questions may even regarded questions decisions reached democratic means people inevitably disappointed results whose views prevail least know say accordingly tradition political culture reconciled result fair honest debate addition gear raise issue later hoping persuade enough winning side think exactly system government supposed work post scalia dissenting today puts stop deciding question constitution removes realm democratic decision consequences shutting political process issue profound public significance closing debate tends close minds people denied voice less likely accept ruling issue seem sort thing courts usually decide thoughtful commentator observed another issue political process moving swiftly enough advocates quick complete change majoritarian institutions listening acting judicial intervention difficult justify appears provoked resolved conflict ginsburg thoughts autonomy equality relation roe wade rev omitted indeed however heartened proponents marriage might day worth acknowledging lost lost forever opportunity win true acceptance comes persuading fellow citizens justice cause lose winds change freshening backs federal courts blunt instruments comes creating rights constitutional power resolve concrete cases controversies flexibility legislatures address concerns parties anticipate problems may arise exercise new right today decision example creates serious questions religious liberty many good decent people oppose marriage tenet faith freedom exercise religion unlike right imagined majority actually spelled constitution amdt respect sincere religious conviction led voters legislators every state adopted marriage democratically include accommodations religious practice majority decision imposing marriage course create accommodations majority graciously suggests religious believers may continue advocate teach views marriage ante first amendment guarantees however freedom exercise religion ominously word majority uses hard questions arise people faith exercise religion ways may seen conflict new right marriage example religious college provides married student housing married couples religious adoption agency declines place children married couples indeed solicitor general candidly acknowledged tax exemptions religious institutions question opposed marriage see tr oral arg question little doubt similar questions soon unfortunately people faith take comfort treatment receive majority today perhaps discouraging aspect today decision extent majority feels compelled sully side debate majority offers cursory assurance intend disparage people matter conscience accept marriage ante disclaimer hard square next sentence majority explains necessary consequence laws codifying traditional definition marriage demea stigmatiz couples ante majority reiterates characterizations majority account americans nothing follow understanding marriage existed entire history particular tens millions people voted reaffirm enduring definition marriage acted lock disparage disrespect subordinate inflict ignitary wounds upon gay lesbian neighbors ante apparent assaults character fairminded people effect society see post alito dissenting moreover entirely gratuitous one thing majority conclude constitution protects right marriage something else portray everyone share majority better informed understanding bigoted ante face much different view role possible view modest restrained skeptical legal abilities judges also reflect insight moral philosophical issues sensitive fact judges unelected unaccountable legitimacy power depends confining exercise legal judgment attuned lessons history meant country justices exceeded proper bounds less pretentious suppose people around world viewed institution particular way thousands years present generation present ones chosen burst bonds history tradition among many americans whatever sexual orientation favor expanding marriage means celebrate today decision celebrate achievement desired goal celebrate opportunity new expression commitment partner celebrate availability new benefits celebrate constitution nothing respectfully dissent scalia dissenting nos et al et al et al et al et al et al et al writs certiorari appeals sixth circuit june justice scalia justice thomas joins dissenting join chief justice opinion full write separately call attention threat american democracy substance today decree immense personal importance law recognize marriage whatever sexual attachments living arrangements wishes accord favorable civil consequences tax treatment rights inheritance civil consequences public approval conferring name marriage evidences perhaps adverse social effects adverse effects many controversial laws special importance law says marriage overwhelming importance however rules today decree says ruler ruler million americans majority nine lawyers opinion cases furthest extension fact furthest extension one even imagine claimed power create liberties constitution amendments neglect mention practice constitutional revision unelected committee nine always accompanied today extravagant praise liberty robs people important liberty asserted declaration independence revolution freedom govern courts put stop public debate marriage displayed american democracy best individuals sides issue passionately respectfully attempted persuade fellow citizens accept views americans considered arguments put question vote electorates either directly representatives chose expand traditional definition marriage many decided win lose advocates sides continued pressing cases secure knowledge electoral loss negated later electoral win exactly system government supposed constitution places constraints constraints adopted people ratified constitution amendments forbidden laws impairing obligation contracts denying full faith credit public acts prohibiting free exercise abridging freedom infringing right keep bear authorizing unreasonable searches forth aside limitations powers reserved respectively people exercised people desire cases ask us decide whether fourteenth amendment contains limitation requires license recognize marriages two people sex remove issue political process course surprising find prescription regarding marriage federal constitution since author today opinion reminded us two years ago opinion joined justices join today egulation domestic relations area long regarded virtually exclusive province federal government history deferred policy decisions respect domestic relations need speculate fourteenth amendment ratified every state limited marriage one man one woman one doubted constitutionality resolves cases comes determining meaning vague constitutional provision due process law equal protection laws unquestionable people ratified provision understand prohibit practice remained universal uncontroversial years basis striking practice expressly prohibited fourteenth amendment text bears endorsement long tradition open widespread unchallenged use dating back amendment ratification since doubt whatever people never decided prohibit limitation marriage couples public debate marriage must allowed continue ends debate opinion lacking even thin veneer law buried beneath mummeries passages opinion candid startling assertion matter people ratified fourteenth amendment protects rights judiciary reasoned judgment thinks fourteenth amendment generations wrote ratified bill rights fourteenth amendment presume know extent freedom dimensions one think sentence continue therefore provided means people amend constitution perhaps therefore left creation additional liberties freedom marry someone sex people process legislation logically follows majority estimation entrusted future generations charter protecting right persons enjoy liberty learn meaning needless say nine us history tradition guide discipline inquiry set outer boundaries thus rather focusing people understanding liberty time ratification even today majority focuses four principles traditions majority view prohibit defining marriage institution consisting one man one naked judicial claim legislative indeed power claim fundamentally odds system government except limited constitutional prohibition agreed people free adopt whatever laws like even offend esteemed justices reasoned judgment system government makes people subordinate committee nine unelected lawyers deserve called democracy judges selected precisely skill lawyers whether reflect policy views particular constituency relevant surprisingly federal judiciary hardly america take example consists nine men women successful studied harvard yale law school four nine natives new york city eight grew one hails vast expanse single southwesterner even tell truth genuine westerner california count single evangelical christian group comprises one quarter even protestant denomination strikingly unrepresentative character body voting today social upheaval irrelevant functioning judges answering legal question whether american people ever ratified constitutional provision understood proscribe traditional definition marriage course justices today majority voting basis say allow policy question marriage considered resolved select patrician highly unrepresentative panel nine violate principle even fundamental taxation without representation social transformation without representation ii really astounds hubris reflected today judicial putsch five justices compose today majority entirely comfortable concluding every state violated constitution years fourteenth amendment ratification massachusetts permitting marriages discovered fourteenth amendment fundamental right overlooked every person alive time ratification almost everyone else time since see lesser legal minds minds like thomas cooley john marshall harlan oliver wendell holmes learned hand louis brandeis william howard taft benjamin cardozo hugo black felix frankfurter robert jackson henry friendly certain people ratified fourteenth amendment bestow power remove questions democratic process called reasoned judgment justices know limiting marriage one man one woman contrary reason know institution old government accepted every nation history years possibly supported anything ignorance bigotry willing say citizen agree adheres years ago unanimous judgment generations societies stands constitution opinion couched style pretentious content egotistic one thing separate concurring dissenting opinions contain extravagances even silly extravagances thought expression something else official opinion course opinion showy profundities often profoundly incoherent nature marriage enduring bond two persons together find freedoms expression intimacy spirituality really ever thought intimacy spirituality whatever means freedoms intimacy one think freedom intimacy abridged rather expanded marriage ask nearest hippie expression sure enough freedom anyone marriage attest happy state constricts rather expands one prudently say rights told rise better informed understanding constitutional imperatives define liberty remains urgent era huh better informed understanding constitutional imperatives whatever means define whatever means urgent liberty never mind give birth right told particular case either equal protection due process clause may thought capture essence right accurate comprehensive way even two clauses may converge identification definition right say possible essence substantive due process capture accurate comprehensive way stands nothing whatever except freedoms entitlements really likes equal protection clause employed today identifies nothing except difference treatment really dislikes hardly distillation essence opinion correct two clauses converge identification definition right majority likes dislikes predictably compatible go world expect logic precision poetry inspirational demands law stuff contained today opinion diminish reputation clear thinking sober analysis hubris sometimes defined pride pride know goeth fall judiciary least dangerous federal branches neither force merely judgment must ultimately depend upon aid executive arm even efficacy judgments decision takes people question properly left decision unabashedly based law reasoned judgment bare majority move one step closer reminded impotence thomas dissenting nos et al et al et al et al et al et al et al writs certiorari appeals sixth circuit june justice thomas justice scalia joins dissenting decision today odds constitution principles upon nation built since well liberty understood freedom government action entitlement government benefits framers created constitution preserve understanding liberty yet majority invokes constitution name liberty framers recognized detriment liberty sought protect along way rejects idea captured declaration independence human dignity innate suggests instead comes government distortion constitution ignores text inverts relationship individual state republic agree majority decision today require issue marriage licenses couples recognize marriages entered largely based constitutional provision guaranteeing due process person deprived life liberty elsewhere explained dangerous fiction treating due process clause font substantive rights mcdonald chicago thomas concurring part concurring judgment distorts constitutional text guarantees whatever process due person deprived life liberty property amdt worse invites judges exactly majority done large constitutional field guided personal views protected document planned parenthood southeastern casey rehnquist concurring judgment part dissenting part quoting griswold connecticut harlan concurring judgment straying text constitution substantive due process exalts judges expense people derive authority petitioners argue enshrining traditional definition marriage state constitutions amendments put issue beyond reach normal democratic process brief petitioners result petitioners seek far less democratic ask nine judges enshrine definition marriage federal constitution thus put beyond reach normal democratic process entire nation bare majority ante able grant wish wiping stroke keyboard results political process based provision guarantees due process evidence danger substantive due ii even doctrine substantive due process somehow defensible petitioners still claim invoke protection due process clause whether theory substantive procedural due process party must first identify deprivation life liberty property majority claims state laws deprive petitioners liberty concept liberty conjures bears resemblance plausible meaning word used due process clauses used due process clauses liberty likely refers power changing situation removing one person whatsoever place one inclination may direct without imprisonment restraint unless due course law blackstone commentaries laws england blackstone definition drawn historical roots clauses consistent constitution text structure constitution due process clauses reach back magna carta see davidson new orleans chapter original magna carta provided free man shall taken imprisoned disseised outlawed banished way destroyed proceed prosecute except lawful judgment peers law land magna carta ch howard magna carta text commentary although version magna carta effect weeks provision later reissued modest changes wording follows freeman shall taken imprisoned disseised freehold liberties free customs outlawed exiled otherwise destroyed pass upon condemn lawful judgment peers law land coke second part institutes laws england influential commentary provision many years later sir edward coke interpreted words law land mean thing due proces common law magna carta became subject renewed interest century see william blackstone referred provision protecting absolute rights every englishman blackstone formulated absolute rights right personal included right life right personal liberty right private property defined right personal liberty power changing situation removing one person whatsoever place one inclination may direct without imprisonment restraint unless due course law framers drew heavily upon blackstone formulation adopting provisions early state constitutions replicated magna carta language modified refer specifically life liberty property state decisions interpreting provisions founding ratification fourteenth amendment almost uniformly construed word liberty refer freedom physical restraint see warren new liberty fourteenth amendment harv rev even one case identified possible exception view merely used broad language liberty context habeas corpus proceeding proceeding classically associated obtaining freedom physical restraint cf enacting fifth amendment due process clause framers similarly chose employ life liberty property formulation though otherwise deviated substantially use magna carta language clause see shattuck true meaning term liberty clauses federal state constitutions protect life liberty property harv rev read light history formulation hard see liberty protected clause interpreted include anything broader freedom physical restraint consistent usage time liberty paired life property see usage avoids rendering superfluous protections life property fifth amendment uses liberty narrow sense fourteenth amendment likely well see hurtado california indeed previously commented conclusion irresistible phrase employed fourteenth amendment used fifth amendment used sense greater extent ibid earliest fourteenth amendment decisions appear interpret clause using liberty mean freedom physical restraint munn illinois example recognized relationship two due process clauses magna carta see implicitly rejected dissent argument encompassed something mere freedom physical restraint bounds prison field dissenting appears lost way recent years justify deviating original meaning clauses even assuming liberty clauses encompasses something freedom physical restraint include types rights claimed majority american legal tradition liberty long understood individual freedom governmental action right particular governmental entitlement understanding liberty heavily influenced john locke whose writings natural rights social governmental contract cited pamphlet pamphlet american writers bailyn ideological origins american revolution locke described men existing state nature possessed perfect freedom order actions dispose possessions persons think fit within bounds law nature without asking leave depending upon man locke second treatise civil government gough ed locke state nature left men insecure persons property entered civil society trading portion natural liberty increase security see upon consenting order men obtained civil liberty freedom legislative power established consent commonwealth dominion restraint law legislative shall enact according trust put philosophy permeated political scene america editorial boston gazette example declared liberty state nature inherent natural right man make free use reason understanding chuse action thinks give best account society every man parts small share natural liberty lodges publick stock may possess remainder without controul boston gazette country journal may similar sentiments expressed public speeches sermons letters time see hyneman lutz american political writing founding era pp idea civil liberty natural liberty constrained human law necessarily involved freedoms existed outside government see hamburger natural rights natural law american constitutions yale one later commentator observed iberty eighteenth century thought much relation liberty freedom freedom freedom number social political evils including arbitrary government power reid concept liberty age american revolution one scholar put common idea liberty merely negative absence restraint hey observations nature civil liberty principles government hey colonists described laws infringe liberties discussed laws prohibit individuals walking streets highways certain saints days abroad certain time evening restrain working manufacturing materials growth downer discourse dedication tree liberty hyneman supra examples involved freedoms existed outside government whether define liberty locomotion freedom governmental action broadly petitioners way deprived petitioners claim plausible definition liberty imprisoned physically restrained participating relationships contrary able cohabitate raise children peace able hold civil marriage ceremonies recognize marriages private religious ceremonies able travel freely around country making homes please far incarcerated physically restrained petitioners left alone order lives see fit broader definition claim restricted ability go daily lives able absent governmental restrictions petitioners ask order stop restricting ability enter relationships engage intimate behavior make vows partners public ceremonies engage religious wedding ceremonies hold married raise children imposed restrictions prevented petitioners approximating number incidents marriage private legal means wills trusts powers attorney instead refused grant governmental entitlements petitioners claim matter liberty entitled access privileges benefits exist solely government want example receive state imprimatur marriages state issued marriage licenses death certificates official forms want receive various monetary benefits including reduced inheritance taxes upon death spouse compensation spouse dies result injury loss consortium damages tort suits receiving governmental recognition benefits nothing understanding liberty framers recognized extent framers recognized natural right marriage fell within broader definition liberty included right governmental recognition benefits instead included right engage activities petitioners left free engage making vows holding religious ceremonies celebrating vows raising children otherwise enjoying society one spouse without governmental interference founding conduct understood predate government flow locke explained many years earlier first society man wife gave beginning parents children locke see also wilson lectures law collected works james wilson hall hall eds concluding institution marriage true origin society must traced petitioners misunderstand institution marriage say mean little absent governmental recognition brief petitioners petitioners misconception liberty carries discussion precedents identifying right marry one expanded concept liberty beyond concept negative liberty precedents involved absolute prohibitions private actions associated marriage loving virginia example involved couple criminally prosecuted marrying district columbia cohabiting virginia sentenced year imprisonment suspended term years condition reenter commonwealth together time similar vein zablocki redhail involved man prohibited pain criminal penalty marry ing wisconsin elsewhere outstanding obligations see turner safley involved state inmates entering marriages without permission superintendent prison permission granted absent compelling reasons none cases individuals denied solely governmental recognition benefits associated marriage concession petitioners misconception liberty majority characterizes petitioners suit quest find liberty marrying someone sex marriages deemed lawful terms conditions marriages persons opposite sex ante liberty lost found way petitioners seek philosophical matter liberty freedom governmental action entitlement governmental benefits constitutional matter likely even narrower encompassing freedom physical restraint imprisonment majority better informed understanding constitutional imperatives define liberty ante better informed must assume people ratified fourteenth amendment runs headlong reality constitution collection shalt nots reid covert plurality opinion thou shalt provides iii majority inversion original meaning liberty likely cause collateral damage aspects constitutional order protect liberty majority apparently disregards political process protection liberty although men forming civil society give power necessary ends unite society majority community locke reserve authority exercise natural liberty within bounds laws established society see also hey protect liberty arbitrary interference establish process society adopt enforce laws country process primarily representative government state level federal constitution serving backstop process general matter act representative governments popular vote liberty residents fully vindicated less true residents disagree result indeed seems difficult imagine law residents state agree see locke suggesting society cease function required unanimous consent laws matters process established created society honored process honored definition marriage subject heated debate legislatures repeatedly taken matter behalf people put question people people opted retain traditional definition marriage brief respondents pp petitioners disagree result process make less legitimate civil liberty vindicated aside undermining political processes protect liberty majority decision threatens religious liberty nation long sought protect history religious liberty country familiar many earliest immigrants america came seeking freedom practice religion without restraint see mcconnell origins historical understanding free exercise religion harv rev arrived created havens religious practice ibid many havens initially homogenous communities established religions ibid however america wake great religious revival marked move toward free exercise religion every state save connecticut adopted protections religious freedom state constitutions course first amendment enshrined protection free exercise religion constitution protection far last word religious liberty country federal government reaffirmed commitment religious liberty codifying protections religious practice see religious freedom restoration act stat et seq stat numerous amici even supporting cautioned decision unavoidable implications religious liberty brief general conference adventists et al amici curiae society marriage simply governmental institution religious institution well today decision might change former change latter appears inevitable two come conflict particularly individuals churches confronted demands participate endorse civil marriages couples majority appears unmoved inevitability makes weak gesture toward religious liberty single paragraph ante even gesture indicates misunderstanding religious liberty nation tradition religious liberty protection religious organizations persons seek teach principles fulfilling central lives faiths ibid religious liberty freedom action matters religion generally scope liberty directly correlated civil restraints placed upon religious although constitution provides protection governmental restrictions religious practices people long elected afford broader protections constitutional precedents mandate majority allowed definition marriage left political process constitution requires people considered religious liberty implications deviating traditional definition part deliberative process instead majority decision process potentially ruinous consequences religious liberty iv perhaps recognizing cases actually involve liberty understood majority goes great lengths assert decision advance dignity couples ante flaw reasoning course constitution contains dignity clause even government incapable bestowing dignity human dignity long understood country innate framers proclaimed declaration independence men created equal endowed creator certain unalienable rights referred vision mankind humans created image god therefore inherent worth vision foundation upon nation built corollary principle human dignity taken away government slaves lose dignity lost humanity government allowed enslaved held internment camps lose dignity government confined denied governmental benefits certainly lose dignity government denies benefits government bestow dignity take away majority musings thus deeply misguided least musings effect dignity persons majority demeans mischaracterization arguments presented amici effect dignity litigants rejection laws preserving traditional definition marriage effect dignity people voted invalidation laws effect dignity people continue adhere traditional definition marriage disdain understandings liberty dignity upon nation founded effect dignity americans continue believe constitution like declaration independence predicated simple truth one liberty mention one dignity something shielded provided state today decision casts truth aside haste reach desired result majority misapplies clause focused due process afford substantive rights disregards plausible understanding liberty protected clause distorts principles nation founded decision inestimable consequences constitution society respectfully dissent alito dissenting nos et al et al et al et al et al et al et al writs certiorari appeals sixth circuit june justice alito justice scalia justice thomas join dissenting federal courts intervened american people engaged debate whether recognize question cases however marriage whether constitution answers question constitution leaves question decided people state constitution says nothing right marriage holds term liberty due process clause fourteenth amendment encompasses right nation founded upon principle every person unalienable right liberty liberty term many meanings classical liberals may include economic rights limited government regulation social democrats may include right variety government benefits today majority distinctively postmodern meaning prevent five unelected justices imposing personal vision liberty upon american people held liberty due process clause understood protect rights rooted nation history tradition washington glucksberg beyond dispute right marriage among rights see windsor alito dissenting slip indeed country state permitted marriage massachusetts judicial held limiting marriage couples violated state constitution see goodridge department public health mass right marriage deeply rooted traditions nations country allowed couples marry netherlands arguing favor constitutional right sex marriage seek therefore protection deeply rooted right recognition new right seek innovation legislative body elected people unelected judges faced request judges cause caution humility slip omitted today majority matter right marriage lacks deep roots even contrary tradition justices majority claim authority confer constitutional protection upon right simply believe fundamental ii attempting circumvent problem presented newness right found cases majority claims issue right equal treatment noting marriage fundamental right majority argues state valid reason denying right couples reasoning dependent upon particular understanding purpose civil marriage although expresses point loftier terms argument fundamental purpose marriage promote choose marry marriage provides emotional fulfillment promise support times need benefiting persons choose wed marriage indirectly benefits society persons live stable fulfilling supportive relationships make better citizens reasons argument goes encourage formalize marriage confer special benefits married persons also impose special obligations understanding reasons recognizing marriage enables majority argue marriage serves objectives way marriage understanding marriage focuses almost entirely happiness persons choose marry shared many people today traditional one millennia marriage inextricably linked one thing couple procreate adherents different schools philosophy use different terms explain society formalize marriage attach special benefits obligations persons marry defending adherence traditional understanding marriage explained position using pragmatic vocabulary characterizes american political discourse basic argument formalize promote marriage unlike fulfilling human relationships order encourage potentially procreative conduct take place within lasting unit long thought provide best atmosphere raising children thus argue reasonable secular grounds restricting marriage couples traditional understanding purpose marriage ring true ears today probably tie marriage procreation frayed today instance children country born unmarried development undoubtedly cause result changes society understanding marriage many attributes marriage america changed want recognize marriage yet given traditional understanding worry officially abandoning older understanding may contribute marriage decay far beyond outer reaches authority say state may adhere understanding marriage long prevailed country others similar cultural roots also great variety countries cultures around globe wrote windsor family ancient universal human institution family structure reflects characteristics civilization changes family structure popular understanding marriage family profound effects past changes understanding marriage example gradual ascendance idea romantic love prerequisite marriage consequences process consequences come complex involving interaction numerous factors tends occur extended period time expect something similar take place marriage becomes widely accepted consequences change known unlikely ascertainable time come think allowing marriage seriously undermine institution marriage others think recognition marriage fortify institution present one including social scientists philosophers historians predict certainty ramifications widespread acceptance marriage judges certainly equipped make assessment members authority responsibility interpret apply constitution thus constitution contained provision guaranteeing right marry person sex duty enforce right constitution simply speak issue marriage system government ultimate sovereignty rests people people right control destiny change question fundamental made people elected officials dissenting opinion slip citations footnotes omitted iii today decision usurps constitutional right people decide whether keep alter traditional understanding marriage decision also important consequences used vilify americans unwilling assent new orthodoxy course opinion majority compares traditional marriage laws laws denied equal treatment women ante implications analogy exploited determined stamp every vestige dissent perhaps recognizing reasoning may used majority attempts toward end opinion reassure oppose marriage rights conscience protected ante soon see whether proves true assume cling old beliefs able whisper thoughts recesses homes repeat views public risk labeled bigots treated governments employers schools system federalism established constitution provides way people different beliefs live together single nation issue marriage left people likely recognize marriage others also possible tie recognition protection conscience rights majority today makes impossible imposing views entire country majority facilitates marginalization many americans traditional ideas recalling harsh treatment gays lesbians past may think turnabout fair play sentiment prevails nation experience bitter lasting wounds today decision also fundamental effect ability uphold rule law bare majority justices invent new right impose right rest country real limit future majorities able sense political power cultural influence willing tolerate even enthusiastic supporters marriage worry scope power today majority claims today decision shows decades attempts restrain abuse authority failed lesson take today decision preaching proper method interpreting constitution virtues judicial humility compete temptation achieve viewed noble end practicable means doubt colleagues majority sincerely see constitution vision liberty happens coincide sincerity cause concern comfort evidences deep perhaps irremediable corruption legal culture conception constitutional interpretation americans understandably cheer lament today decision views issue marriage americans whatever thinking issue worry majority claim power portends footnotes together tanco et al haslam governor tennessee et deboer et al snyder governor michigan et bourke et al beshear governor kentucky also certiorari footnotes brief respondents accord schuette bamn plurality opinion slip art art iv amdt ibid amdt amdt amdt windsor slip internal quotation marks citation omitted slip see town greece galloway slip ante ante ibid ante ante predominant attitude lawyers respect questions presented cases suggested fact american bar association deemed accord wishes members file brief support petitioners see brief american bar association amicus curiae nos pp see pew research center america changing religious landscape may goodridge department public health mass windsor alito dissenting slip even price paid fifth vote ever joined opinion began constitution promises liberty within reach liberty includes certain specific rights allow persons within lawful realm define express identity hide head bag descended disciplined legal reasoning john marshall joseph story mystical aphorisms fortune cookie ante ante ibid federalist pp cooke ed hamilton footnotes majority right believes part liberty promised fourteenth amendment derived amendment guarantee equal protection laws ante despite synergy finds th ese two protections ante majority clearly uses equal protection shore substantive due process analysis analysis based imaginary constitutional protection revisionist view history tradition seeds articulation also found henry care influential treatise english liberties first published america described three things law england principally regards taketh care life liberty estate described habeas corpus means one procure one liberty imprisonment habeas corpus act english liberties subject inheritance care comp ed though used word liberties broadly see used liberty narrow sense placed alongside words life estate see maryland north carolina south carolina adopted phrase life liberty property provisions otherwise tracking magna carta freeman taken imprisoned disseized freehold liberties privileges outlawed exiled manner destroyed deprived life liberty property judgment peers law land md declaration rights art xxi federal state constitutions colonial charters organic laws thorpe ed see also art xli declaration rights art xii massachusetts new hampshire albeit alterations magna carta framework subject shall arrested imprisoned despoiled deprived property immunities privileges put protection law exiled deprived life liberty estate judgment peers law land mass pt art xii see also pt art xv locke theories heavily influenced prominent writers centuries blackstone one agreed natural liberty consists properly power acting one thinks fit without restraint control unless law nature described civil liberty leaves subject entire master conduct except restrained human laws blackstone treatise routinely cited founders zivotofsky kerry ante thomas concurring judgment part dissenting part thomas rutherforth wrote liberty mean power man act thinks fit law restrains may therefore called mans right actions rutherforth institutes natural law rutherforth explained restraint mans right actions originally obligation governing law nature law god hatever right species may restrain actions within certain bounds beyond law nature prescribed arises consent either express tacit alienated liberty transferred right directing actions suggestion petitioners amici antimiscegenation laws akin laws defining marriage one man one woman offensive inaccurate america earliest laws interracial sex marriage spawned slavery pascoe comes naturally miscegenation law making race america instance maryland law prohibiting marriages english sla passed part act authorized lifelong slavery colony virginia antimiscegenation laws likewise passed resolution entitled act suppressing outlying slaves act apr ch xvi stat hening ed reprint italics deleted civil war threw future slavery doubt lawyers legislators judges began develop elaborate justifications signified emergence miscegenation law made restrictions interracial marriage foundation war white pascoe supra laws defining marriage one man one woman share sordid history traditional definition marriage prevailed every society recognized marriage throughout history brief scholars history related disciplines amici curiae arose desire shore invidious institution like slavery desire increase likelihood children born raised stable enduring family units mothers fathers brought world existed civilizations containing manner views homosexuality see brief ryan anderson amicus curiae explaining several famous ancient greeks wrote approvingly traditional definition marriage though sexual relations common greece time prohibition extended far forbid even religious ceremonies thus raising serious question first amendment free exercise clause least one amicus brief time pointed brief john russell et al amici curiae loving virginia pp concerns threats religious liberty context unfounded antimiscegenation laws country instance virginia imposed criminal penalties ministers performed marriage violation laws though religions permitted perform ceremonies code ann majority also suggests marriage confers nobility individuals ante unsure means people may choose marry marry decision make one person noble another suggestion americans choose marry inferior decide enter relationships specious footnotes use phrase recognize marriage shorthand issuing marriage licenses conferring special benefits obligations provided state law married persons see dept health human services centers disease control prevention national center health statistics martin hamilton osterman curtin matthews births final data national vital statistics reports online http internet materials visited june available clerk case file cf dept health human services centers disease control prevention national center health statistics nchs ventura changing patterns nonmartial childbearing nchs data brief may online http