Calgary Herald

Same-sex marriage ruling ‘a victory for America’

- ROBERT BARNES

The Supreme Court on Friday delivered a historic victory for gay rights, ruling 5 to 4 that the Constituti­on requires that same-sex couples be allowed to marry no matter where they live and that states may no longer reserve the right only for heterosexu­al couples.

The court's action marks the culminatio­n of an unpreceden­ted upheaval in public opinion and the nation's jurisprude­nce. Advocates called it the most pressing civil rights issue of modern times, while critics said the courts had sent the country into uncharted territory by changing the traditiona­l definition of marriage.

“Under the Constituti­on, samesex couples seek in marriage the same legal treatment as oppositese­x couples, and it would disparage their choices and diminish their personhood to deny them this right,” Justice Anthony Kennedy wrote in the majority opinion.

He was joined in the ruling by the court's liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

All four of the court's most conservati­ve members — Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito — dissented and each wrote a separate opinion, saying the court had usurped a power that belongs to the people.

Reading a dissent from the bench for the first time in his tenure, Roberts said, “Just who do we think we are? I have no choice but to dissent.”

In his opinion, Roberts wrote: “Many people will rejoice at this decision, and I begrudge none their celebratio­n. But for those who believe in a government of laws, not of men, the majority's approach is deeply dishearten­ing.”

Scalia called the decision a “threat to American democracy,” saying it was “constituti­onal revision by an unelected committee of nine.”

In a statement in the White House Rose Garden, President Barack Obama hailed the decision: “This ruling is a victory for America.

“This decision affirms what millions of Americans already believe in their hearts. When all Americans are truly treated as equal, we are more free. This morning the Supreme Court recognized that the Constituti­on guarantees marriage equality.”

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