By Adam Liptak | The New York Times
In a long-sought victory for the gay rights movement, the Supreme Court ruled on Friday that the Constitution guarantees a nationwide right to same-sex marriage.
The 5-to-4 decision, the culmination of decades of litigation and activism, came against the backdrop of fast-moving changes in public opinion, with polls indicating that most Americans now approve of same-sex marriage.
As in earlier civil rights cases, the Supreme Court had moved cautiously and methodically, laying careful judicial groundwork for a transformative decision.
Comments by Laura Bianchi, chairman of Rose Law Group’s Estate Planning, Business and Asset Protection Department:
“Monumental and landmark decision by the Supreme Court. It won’t have a great impact on Arizona as we already allow same sex marriage, however, 14 states will no longer be allowed to enforce their bans on same sex marriage. It’s an incredible step forward for marital equality for all. We are seeing history in the making.”
Comments by Rose Law Group Partner Kaine Fisher:
“The president has proclaimed that “love wins” in the wake of the Supreme Court’s ruling this morning on gay marriage. In its landmark decision, the Supreme Court has made it clear that states’ rights take a back seat to equal protection and due process. This is monumental.
“All states must now issue marriage licenses to same-sex couples. I just wonder if those remaining states, who were so entrenched in denying equal protection and due process to same-sex couples prior to the ruling, will now get out of the business of issuing marriage licenses all together in an effort to protest the decision. I anticipate more litigation to come on other fronts as well.
“Churches might very well now refuse to condone same-sex marriages which sets up a herculean clash between the 14th and 1st Amendments (freedom of religion). The decision also made me wonder how far down this slippery slope we will end up going. Don’t get me wrong: I have never been shy in supporting the right of same-sex couples to marry – but it’s only a matter of time before the polygamist groups start making their case for acceptance under the Constitution.
“Putting all of my pessimistic prognostications aside, I am delighted to know that progress and open-mindedness has won the day.”