it's a pretty smug position you are taking when the court only ruled 5 to 4......that means there were 4 esteemed dissenting opinions....
Chief Justice Roberts.....Roberts stated that no prior decision had changed the core component of marriage, that it be between one man and one woman; consequently, same-sex marriage bans did not violate the Due Process Clause.
[127] Roberts also rejected the notion that same-sex marriage bans violated a
right to privacy, because they involved no government intrusion or subsequent punishment.
[128] Addressing the
Equal Protection Clause, Roberts stated that same-sex marriage bans did not violate the clause because they were rationally related to a governmental interest: preserving the traditional definition of marriage
Justice Scalia......Scalia stated that the Court's decision effectively robs the people of the liberty to govern themselves, noting that a rigorous debate on same-sex marriage had been taking place and that, by deciding the issue nationwide, the democratic process had been unduly halted.
[136] Addressing the claimed
Fourteenth Amendment violation, Scalia asserted that, because a same-sex marriage ban would not have been considered unconstitutional at the time of the Fourteenth Amendment's adoption, such bans are not unconstitutional today.
[137] He claimed there was "no basis" for the Court's decision striking down legislation that the Fourteenth Amendment does not expressly forbid, and directly attacked the majority opinion for "lacking even a thin veneer of law."
[137] Lastly, Scalia faulted the actual writing in the opinion for "diminish[ing] this Court’s reputation for clear thinking and sober analysis" and for "descend[ing] from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Justice Thomas......Thomas rejected the principle of substantive due process, which he claimed "invites judges to do exactly what the majority has done here—roa[m] at large in the constitutional field guided only by their personal views as to the fundamental rights protected by that document"; in doing so, the judiciary strays from the Constitution's text, subverts the democratic process, and "exalts judges at the expense of the People from whom they derive their authority."
[139] Thomas argued that the only liberty that falls under Due Process Clause protection is freedom from "physical restraint."
Justice Alito......Invoking
Washington v. Glucksberg, in which the Court stated the Due Process Clause protects only rights and liberties that are "deeply rooted in this Nation's history and tradition," Alito claimed any "right" to same-sex marriage would not meet this definition; he chided the justices in the majority for going against judicial precedent and long-held tradition.
[144] Alito defended the rationale of the states, accepting the premise that same-sex marriage bans serve to promote procreation and the optimal childrearing environment.
Obergefell v. Hodges - Wikipedia, the free encyclopedia