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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.
The marriage laws at issue thus harm and humiliate the children of same-sex couples. This does not mean that the right to marry is less meaningful for those who do not or cannot have children. States have contributed to the fundamental character of marriage by placing it at the center of many facets of the legal and social order.
Precedent protects the right of a married couple not to procreate, so the right to marry cannot be conditioned on the capacity or commitment to procreate. There is no difference between same- and opposite-sex couples with respect to this principle, yet same-sex couples are denied the constellation of benefits that the States have linked to marriage and are consigned to an instability many opposite-sex couples would find intolerable.
This dynamic can be seen in the Nation’s experience with gay and lesbian rights. Courts must exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect.
Well into the 20th century, many States condemned same-sex intimacy as immoral, and homosexuality was treated as an illness. History and tradition guide and discipline the inquiry but do not set its outer boundaries.The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. There are untold references to the beauty of marriage in religious and philosophical texts spanning time, cultures, and faiths, as well as in art and literature in all their forms. To them, it would demean a timeless institution if the concept and lawful status of marriage were extended to two persons of the same sex.The petitioners in these cases seek to find that liberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms and conditions as marriages between persons of the opposite sex. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. This wisdom was echoed centuries later and half a world away by Cicero, who wrote, “The first bond of society is marriage; next, children; and then the family.” See De Officiis 57 (W. It is fair and necessary to say these references were based on the understanding that marriage is a union between two persons of the opposite sex. Marriage, in their view, is by its nature a gender-differentiated union of man and woman.I These cases come from Michigan, Kentucky, Ohio, and Tennessee, States that define marriage as a union between one man and one woman. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations. This view long has been held—and continues to be held—in good faith by reasonable and sincere people here and throughout the world.The centrality of marriage to the human condition makes it unsurprising that the institution has existed for millennia and across civilizations. The petitioners acknowledge this history but contend that these cases cannot end there.Questions about the legal treatment of gays and lesbians soon reached the courts, where they could be discussed in the formal discourse of the law. Numerous same-sex marriage cases reaching the federal courts and state supreme courts have added to the dialogue. This abiding connection between marriage and liberty is why , at 574.