Obergefell, Eleven Years On

The question of whether the Supreme Court should revisit the decision, as it did Roe, is on the table.

Share this story

Supporters of gay marriage wave the rainbow flag after the Supreme Court ruled that the U.S. Constitution provides same-sex couples the right to marry, at the Supreme Court in Washington, D.C., June 26, 2015

Joshua Roberts/Reuters

Eleven years ago, in a 5–4 ruling, the Supreme Court announced its discovery of a hitherto unknown constitutional right — a right to same-sex marriage. In Obergefell v. Hodges, the Court invalidated state laws — enacted by the people’s elected representatives in state legislatures from Michigan to Texas — defining marriage as the conjugal union of husband and wife, and ordering all states to issue marriage licenses to same-sex partners.

Vindicating Aristotle’s observation that laws perform a teaching function, support for “same-sex marriage” rose rapidly and dramatically in the wake of the Court’s ruling. In just a few short decades, the public moved from being overwhelmingly opposed to redefining marriage to include same-sex partnerships to strongly in favor of marriage’s redefinition.

Robert P. George

About the Author

Robert P. George

Robert P. George is the McCormick Professor of Jurisprudence and the director of the James Madison Program in American Ideals and Institutions at Princeton University.

Comments

Advertisement

Advertisement