Supreme Court extends same-sex marriage nationwide

ABCNews
Saturday, June 27, 2015
Celebration in the Village after same-sex marriage ruling
Marcus Solis reporting

WASHINGTON -- In a historic decision, the U.S. Supreme Court ruled Friday that gay and lesbian couples across the country have a constitutional right to marry, capping a long and often contentious battle over what many have called the "defining civil rights challenge of our time."



At least 36 states plus the District of Columbia currently recognize gay marriage in some form. The other states, meanwhile, passed state laws banning same-sex marriage.



On Friday night, the White House lit up in rainbow colors in commemoration of the ruling.





So two questions in particular were facing the Supreme Court: Does any part of the Fourteenth Amendment, with its guarantees of equal protection and due process, compel states to perform same-sex marriages? And - if not - are states required to at least recognize same-sex marriages performed in another state?



PHOTOS: Reactions to U.S. Supreme Court ruling on same-sex marriage



Public support for gay marriage has reached a new high, with 61 percent of respondents in an ABC News/Washington Post poll two months ago saying gay and lesbian couples should be allowed to legally marry.



In New York City, Mayor Bill de Blasio said that "America will never forget this day, and neither will people all across the world who know the meaning of love and compassion."



"Today, this country is richer - filled with more equality, more acceptance, and more love than yesterday," he said. "And for the people of this city, where the movement for LGBT rights began in 1969 at the Stonewall Inn, we can be proud that we helped blaze the trail to this great victory."



Hoboken Mayor Dawn Zimmer said "our communities and families are stronger when everyone is treated fairly."



"Today we raise the rainbow flag at City Hall to celebrate with everyone who no longer faces discrimination from their government because of who they love," she said.



In Hoboken:



An audible gasp and tears came from the audience in the chamber Friday as Justice Anthony Kennedy deemed that states may not bar same sex couples the fundamental right to marry.



With former Justice John Paul Stevens watching the proceedings, Kennedy began with a brief history of the condemnation of homosexuality, then noted the significant cultural and political shift of the past half decade. "The past alone does not rule the present."



And though he acknowledged those who are opposed to same sex marriage have honorable beliefs, and that neither they nor their beliefs are disparaged here, same-sex couples, "deserve equal dignity under law and the constitution gives them that right." Kennedy also noted that the Constitution relies on a central premise that "fundamental rights depend on no elections."



Chief Justice John Roberts disagreed on that point in his dissent, noting, "this is a court, not a Legislature. We have the power to say what the law is, not what it should be."



The deepest problem with the majority's decision, he said, "is the disrespect it shows to the democratic process. There will be consequences to shutting down the political process."



Roberts said the court should not impose its moral perception on the people under the guise of due process. "Just who do we think we are?" he began angrily. "I have no choice but to dissent."



Roberts concluded by encouraging Americans who support this decision to celebrate, to celebrate new opportunities and benefits, "but do not celebrate the Constitution. It has nothing to do with it."



President Barack Obama said the Supreme Court's ruling represents a day when justice "arrives like a thunderbolt." The president, in a Rose Garden statement, said the court ruling has "made our union a little more perfect."



It was not until 2012 that Obama announced his own support for gay marriage. Now, he says, the court ruling will end the patchwork of laws on marriage across the country and the uncertainty that they create for same-sex couples.



New York City Hall:




The Rev. Al Sharpton, president and founder of National Action Network, said in a statement that the ruling was a "huge milestone for our nationwide journey for equality for all, and loving couples across this country can finally have their love and unions recognized."



The case behind Friday's decision began in 2013, after the Supreme Court ruled in a separate matter that same-sex spouses must be afforded the same federal benefits as other married couples. That ruling, though, did not tackle the question of whether gay marriage is a Constitutional right.



In the wake of the United States v. Windsor decision in 2013, Ohio real estate broker Jim Obergefell and his dying partner of 20 years were married in Maryland. But the state of Ohio, which has passed a ban on same-sex marriages, refused to recognize Obergefell as a "surviving spouse."



The U.S. Court of Appeals for the Sixth Circuit backed the state of Ohio, ruling Ohio didn't have to recognize same-sex marriages performed elsewhere.



Obama calls plaintiff in case:



Soon enough, the matter landed before the Supreme Court, consolidated with cases fighting over similar issues in Kentucky, Michigan and Tennessee.



The Supreme Court heard arguments in the case on April 28. As with many cases before the high court, many expected moderate Justice Anthony Kennedy to provide the deciding vote in Obergefell v. Hodges.



During the arguments, Kennedy noted the definition of marriage as between a man and a woman "has been with us for millennia."



"And it's very difficult for the court to say, 'Oh well, we know better,'" he said.



In 2004, Massachusetts became the first state to allow same-sex marriage. In the years since, as other states followed suit, the U.S. government extended certain benefits to same-sex couples.



And four years ago, the Defense Department ended its policy of "Don't Ask, Don't Tell," allowing gay and bisexual soldiers to openly serve in the military.



"After decades of untold struggle, unyielding advocacy and unfathomable bravery, it is clear that we are in the midst of a national awakening," Attorney General Loretta Lynch told an advocacy group this past week. "Of course, even as we celebrate remarkable advances, it is clear that we still have more work to do."



ABC News' Nancy Gabriner, Kate Shaw and Adam Teicholz contributed to this report

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