The Associated Press is reporting that the 5-4 ruling will now permit same-sex marriages in all 50 states, effectively striking down the bans on the unions that exist in the 14 remaining states where it is still prohibited.
The ruling will not take effect immediately because the losing side will be given three weeks to ask for a reconsideration.
The majority opinion, written by Justice Anthony Kennedy, found that “No union is more profound than marriage” and ruled that under the 14th Amendment, states must issue licenses to same-sex couples and recognize unions that were performed in other states.
Justice Anthony Kennedy was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Stephen G. Breyer and Sonia Sotomayor. Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia and Samuel Alito all dissented.
Chief Justice John Roberts made it very clear how he felt about the decision in his dissent: "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. 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."
Challenges to religious liberty are now expected to increase and law firms committed to the defense of First Amendment rights are already preparing for the fight come.
“No matter what the Court decides, we are committed to defending and restoring religious liberty even as the battle for such key freedoms will expand and cases will multiply,” said Kelly Shackleford, President & Chief Counsel of Liberty Institute.
“There are solid measures that can be used to protect churches, ministries, employers, employees, students, teachers, and others whose faith tells them marriage is exclusively between one man and one woman. In fact, we’ve been preparing for months, helping organizations and individuals defend their religious liberty, and the results are promising.”
The Court’s decision won’t take them by surprise, he said, and outlined a five-point plan to respond to the ruling which includes focusing on the courts by using existing laws such as the Civil Rights Act of 1964 and the Religious Freedom Restoration Act to protect the rights of believers. They are also calling upon legislators to enact new laws to protect religious freedom in light of the new situation and will also offer “religious liberty audits” to churches, ministries and businesses to ensure that they will not lose their tax exempt status.
Leaders of family institutes across America are also encouraging the faithful to remember that a court can’t redefine the reality of marriage any more than they can declare that the sky is red.
“The self-evident truth of God’s design for marriage will grow in attractiveness as the culture experiences the consequences of abandoning it,” says Michael Geer, President and CEO of the Pennsylvania Family Institute. “What an opportunity to let our light shine!”
Geer also reminds that the issue is far from settled. Just like the Supreme Court decision that imposed abortion on demand in 1973 didn’t end the discussion about abortion, today’s decision won’t end the discussion about same-sex marriage.
“The challenges in our culture, especially against the Christian faith, provide a great opportunity to assess our own commitment to truth in our beliefs and practices. Oftentimes our greatest times of growth are in times of struggle and persecution. May God grant us wisdom and strength to stand for truth in love and compassion in the days ahead.”
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