Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always co-extensive, yet each may be instructive as to the meaning and reach of the other. Indeed, recognizing that new insights and societal understandings can reveal unjustified inequality within fundamental institutions that once passed unnoticed and unchallenged, this Court has invoked equal protection principles to invalidate laws imposing sex-based inequality on marriage, see, , 539 U. The marriage laws at issue are in essence unequal: Same-sex couples are denied benefits afforded opposite-sex couples and are barred from exercising a fundamental right. (4) The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty. (5) There may be an initial inclination to await further legislation, litigation, and debate, but referenda, legislative debates, and grassroots campaigns; studies and other writings; and extensive litigation in state and federal courts have led to an enhanced understanding of the issue.Especially against a long history of disapproval of their relationships, this denial works a grave and continuing harm, serving to disrespect and subordinate gays and lesbians. Same-sex couples may exercise the fundamental right to marry. The State laws challenged by the petitioners in these cases are held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. While the Constitution contemplates that democracy is the appropriate process for change, individuals who are harmed need not await legislative action before asserting a fundamental right.
Finally, this Court’s cases and the Nation’s traditions make clear that marriage is a keystone of the Nation’s social order. It is demeaning to lock same-sex couples out of a central institution of the Nation’s society, for they too may aspire to the transcendent purposes of marriage. (3) The right of same-sex couples to marry is also derived from the Fourteenth Amendment’s guarantee of equal protection.The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest. The Due Process Clause and the Equal Protection Clause are connected in a profound way. 374, where the Court invalidated a law barring fathers delinquent on child-support payments from marrying. The challenged laws burden the liberty of same-sex couples, and they abridge central precepts of equality.Later in the century, cultural and political developments allowed same-sex couples to lead more open and public lives. (1) The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed. 810, a one-line summary decision issued in 1972, holding that the exclusion of same-sex couples from marriage did not present a substantial federal question. (2) Four principles and traditions demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples.Extensive public and private dialogue followed, along with shifts in public attitudes. (b) The Fourteenth Amendment requires a State to license a marriage between two people of the same sex. Applying these tenets, the Court has long held the right to marry is protected by the Constitution. But other, more instructive precedents have expressed broader principles. This analysis compels the conclusion that same-sex couples may exercise the right to marry. The first premise of this Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy.in effect, upheld state action that denied gays and lesbians a fundamental right. The petitioners are 14 same-sex couples and two men whose same-sex partners are deceased.
Though it was eventually repudiated, men and women suffered pain and humiliation in the interim, and the effects of these injuries no doubt lingered long after was overruled. The respondents are state officials responsible for enforcing the laws in question. The first, presented by the cases from Michigan and Kentucky, is whether the Fourteenth Amendment requires a State to license a marriage between two people of the same sex.This dynamic can be seen in the Nation’s experience with gay and lesbian rights. Courts must exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect.Well into the 20th century, many States condemned same-sex intimacy as immoral, and homosexuality was treated as an illness. History and tradition guide and discipline the inquiry but do not set its outer boundaries.Since the dawn of history, marriage has transformed strangers into relatives, binding families and societies together. Were their intent to demean the revered idea and reality of marriage, the petitioners’ claims would be of a different order.Confucius taught that marriage lies at the foundation of government. But that is neither their purpose nor their submission.The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. There are untold references to the beauty of marriage in religious and philosophical texts spanning time, cultures, and faiths, as well as in art and literature in all their forms. To them, it would demean a timeless institution if the concept and lawful status of marriage were extended to two persons of the same sex.