Friday, June 26, 2015
Today, the Supreme Court in a 5-4 decision held that there is in fact a fundamental right to marriage, including same sex marriage. As I suggested in my analysis of Kerry v. Din for SCOTUSBlog, the decision in that case did indeed foreshadow the outcome of the same sex marriage case. Justice Kennedy, who wrote the majority opinion in Obergefell v. Hodges, refused to sign on to the plurality opinion of Justice Scalia (joined by Chief Justice Roberts and Justice Thomas) in Kerry v. Din, with its narrow view of the right to marriage. Justices Scalia, Thomas, and Alito, along with the Chief, dissented in the same sex marriage case.