*In a decision for the history books, a divided Supreme Court ruled Friday that states cannot ban same-sex marriage, cementing a new civil right that would have seemed unthinkable just years ago.
Gay and lesbian couples were already permitted to marry in 36 states and the District of Columbia. The court’s 5-4 ruling means the remaining 14 states, in the South and Midwest, can no longer enforce their bans on same-sex marriage.
Justice Anthony Kennedy wrote the majority opinion with the four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor.
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family,” Kennedy wrote. “In forming a marital union, two people become something greater than they once were.”
“Their hope,” Kennedy continued, “is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Each of the four conservative justices wrote their own dissent.
Justice Antonin Scalia blasted the Court’s “threat to American democracy.”
“The substance of today’s decree is not of immense personal importance to me,” he wrote. “But what really astounds is the hubris reflected in today’s judicial Putsch.”
Chief Justice John Roberts wrote that the decision had “nothing to do with the Constitution.”
“If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal,” he wrote. “Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.”
The U.S. is now the 21st country to legalize same-sex marriage nationwide. Married same-sex couples will now enjoy the same legal rights and benefits as married heterosexual couples nationwide and will be recognized on official documents such as birth and death certificates.
President Barack Obama welcomed the decision via Twitter, calling it “a big step in our march toward equality.”
The Justice Department’s decision to stop defending the federal anti-marriage law in 2011 was an important moment for gay rights, and Obama declared his support for same-sex marriage in 2012 after “evolving” on the issue.
The president called Jim Obergefell, the lead plaintiff in the case, while he and his supporters celebrated the ruling outside the court.
“I just wanted to say congratulations,” Obama said as CNN broadcast the phone conversation over speakerphone. He added: “Your leadership on this has changed the country.”
Speaking at the White House later in the morning, Obama said, “Americans should be very proud, and praised the decision as “justice that arrives like a thunderbolt.” He said it was an affirmation of the principle that “all Americans are created equal.”
Watch below:
Gay rights supporters cheered, danced and wept outside the court after the decision.
The ruling will not take effect immediately because the court gives the losing side roughly three weeks to ask for reconsideration. But some state officials and county clerks might decide there is little risk in issuing marriage licenses to same-sex couples.
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