The United States Supreme Court decided on June 26, 2015 in Obergefell v. Hodges that the recognition and provision of same-sex marriage is a fundamental right guaranteed by the Fourteenth Amendment to the United States Constitution.  In doing so, the Supreme Court overturned its prior decision in Baker v. Nelson.  This was a landmark ruling that now requires all states to issue a license to marry between all people of the same sex, and requires all states to recognize same-sex marriages validly performed in other jurisdictions.  In writing for the 5-4 majority, Justice Anthony Kennedy found that : “No union  is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family.  In forming a marital union, two people become something greater than once they were.  They (the petitioners) ask for equal dignity in the eyes of the law.  The Constitution grants them that right”.  James Obergefell, the named plaintiff in Obergefell v. Hodges said, “Today’s ruling  from the Supreme Court affirms what millions across the country already know to be true in our hearts, that our love is equal”. 

            President Barack Obama praised the decision and called it a “victory for America”.  I heard some on television as well as the radio call that an overly strong statement.  I felt the statement was not strong enough.  The ruling by the Court is a great victory for all people on a human level.  A message was sent that your fundamental, unalienable rights cannot be taken or stripped from you by any government entity or religious group.  The 5-4 majority ruled that preventing same-sex couples from marrying violated their constitutional right to due process under the 14th Amendment and that the states were unable to put forth a compelling reason to withhold that right from people.  Well of course they could not put forth a compelling reason to deny someone their civil rights.  Arguments wherein bigotry,  intolerance and hate are at the forefront are rarely compelling or substantive.  A law that precluded black people, Jewish people, Italians, etc. from marrying would be reviled as an archaic and antiquated law, deserving scorn and ridicule and without merit.  Rightfully so.  It follows logically that as great a watershed event this decision was, it is somewhat disconcerting that it took until the year 2015 to recognize that ALL PEOPLE are deserving of due process, equal protection and equal rights.  For we cannot be the great nation that we should strive to be if any of our citizens are oppressed or discriminated against.  We are Americans, and we should be too good and too proud for that.

            Putting aside the human level victory of the Court’s ruling, the Court also proclaimed a constitutional victory.  I don’t see the argument against this decision viewed through a constitutional prism.  The 14th Amendment, among other things, forbids states from denying any person “life, liberty or property, without due process of law” or to deny any person within its jurisdiction the equal protection of the laws.  As such, the 14th Amendment greatly expanded the protection of civil rights to all Americans.  That is why I was completely dumb-founded when I read that Chief Justice John Roberts, in his minority dissenting opinion, wrote “Do not celebrate the Constitution.  It had nothing to do with it”.  In keeping with this theme, Texas Attorney General Ken Paxton called the Court’s decision a “lawless ruling”, and pledged free of charge court defense for state workers who refuse to marry couples on religious grounds.  I strongly disagree with both men, as the idea that this ruling is extraneous to the Constitution and “lawless” is utterly ridiculous.  But the answer to the objections of these men, as well as others such as Governor of Arkansas Mike Huckabee, does not lie within the boundaries of their interpretation of the Constitution, but rather lies within the boundaries of their Bible.  Their opposition is strictly on a religious level.  They have forwarded a facile argument in which this ruling is in conflict with religious liberty.  I think that those in this camp have misunderstood the Court’s decision.  While same-sex couples have the option to get married, each citizen is not required to marry a same-sex partner.  To prove my point, I am a strong proponent of this ruling, but I chose to marry a woman (and a beautiful woman to boot).  I cannot comprehend how allowing any group more freedom can make another group feel its rights have been trampled on.  But the talking heads you hear espousing the tenets of the Constitution, such as Sean Hannity and Mark Levin (both of whom I like) cannot cogently or rationally argue against same-sex marriage, especially since the Court has now ruled that same-sex marriage is a fundamental right guaranteed by the Fourteenth Amendment to the United States Constitution.  As soon as the constitutional argument is lost, their last desperate attempt in opposing same-sex marriage is rooted in their religious beliefs.  Memo to those of that ilk: your religious beliefs are not compromised by this ruling.  You can still marry the opposite sex (try it, I did and it has been great).  However, we are no longer discriminating against those who opt to marry the same sex.  One of the founding principles of our great nation is the separation between Church and State.  You are completely free to live a life in accordance with your religious principles, but are not free to ask another to live in accordance with your religious principles.  Thankfully, in contrast to  nations that are run by clerics and the like, our government is run using the constitution as its point of reference, not the Bible or any other religious teaching. 

            Obviously I feel that this decision was a great victory for liberty and freedom, and was a long time coming.  I am thrilled for my friends who no longer have to feel like outsiders, shut out from an institution that even in our current climate still has meaning.  Clearly, public opinion on gay marriage has changed, as I read that approximately 60 percent of Americans support it, compared with just 37 percent 10 years ago.  Hopefully, this trend will continue towards LGBT people throughout our nation, in particular the young people.  We must show the members of the LGBT community, especially the younger ones, that we will not stand for intolerance, bigotry or discrimination OF ANY KIND AGAINST ANY GROUP.  We have all read the horror stories of gay teens taking their own lives out of tremendous desperation and a feeling that they are not and will never be accepted, in some cases by their own parents.  Marriage equality is a bold and giant step towards stamping out the idea that gay people should be treated differently, that they are excluded from the mainstream.  In addition, LGBT teenagers should not have to feel lonely and disenfranchised, suffering a deep and powerful internal conflict, self-loathing and poor self-esteem simply because they are gay.  None of our children should have to suffer, and the suffering is especially prevalent in those who are ostracized because they are perceived to be “different”.  Or worse, perceived to be bad or evil people.  Of course, I live in the real world and I am sure that, unfortunately, many who hate will always hate, but so many more have become enlightened and have embraced some of these social changes.  It is never an over-night process, but we are improving as a society.  This great nation can be greater.  A celebration of freedom and liberty is what we started out to be, how we live, and what we should always strive for.  But this can only be accomplished when all people are free to follow their own path and travel on their own journey.