Friday, June 26, 2015

The Supreme Court rules in favor of gay marriage

The argument - as best I can determine it - is that marriage is a fundamental liberty, which means that the government, state governments in this case, have to clear a very high hurdle in order to discriminate between same sex and opposite sex couples. The court effectively ruled that the state's have not done so. they do not have a compelling reason to deny same sex couples the right to so something other couples get to do.

The dissenters disagreed. Aside from arguing that the majority went beyond what the court should be allowed to do, they argued that there are legitimate reasons for why states could deny same sex couples the right to marry. Among these reasons was procreation and the usefulness of a man and woman in the household in order to raise children.

Here is the official holding of the court:

The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

For more intelligent coverage:

- Click here for the court's opinion.
- Oyez: Obergefell v. Hodges.
- ScotusBlog. Obergefell v. Hodges.

More detail in upcoming days.