As of Friday, same-sex marriage is now protected in all 50 states under the 14th amendment to the US Constitution. Justice Anthony Kennedy delivered the 5-4 decision:
“It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves.”
“Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
Before today’s decision, same-sex marriage was legal in 36 states, covering 70 percent of the US population. The remaining 14 states included: Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.
The Sixth Circuit Court of Appeals in Cincinnati had previously determined that states should define marriage laws, and “to allow change through the customary political processes” instead of the courts. In recent years, public opinion has shifted rapidly. A Gallup poll in 1996 indicated that 27% of people approved of same-sex marriage, up to 60% now. Over the last year and a half, 60 decisions struck down same-sex marriage bans.