The majority does not seriously engage with this claim. Beshear — Plaintiff Profiles". Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say. This distortion of our Constitution not only ignores the text, it inverts the relationship between the individual and the state in our Republic.
That is a striking request and one that unelected judges should pause before granting. Close National Review Navigation. Today those alarmists are looking more like prophets. Part of HuffPost Politics. The Members of this Court have the authority and the responsibility to interpret and apply the Constitution.
Alexis de Tocqueville recognized this truth on his travels through the United States almost two centuries ago:. Indeed, however heartened the proponents of same-sex marriage might be on this day, it is worth acknowledging what they have lost, and lost forever: the opportunity to win the true acceptance that comes from persuading their fellow citizens of the justice of their cause.
Pedersen v. Alito dissent same sex marriage in Launceston You four principles and traditions to be discussed demonstrate that the reasons marriage is fundamental under the Constitution apply with equal force to same-sex couples. Same-sex couples may exercise the fundamental right to marry. SchaeferF.
Indeed, it is most often through democracy that liberty is preserved and protected in our lives.
It is more skeptical that the legal abilities of judges also reflect insight into moral and philosophical issues. And they know it. In a majority opinion authored by Justice Anthony Kennedy , the Court examined the nature of fundamental rights guaranteed to all by the Constitution, the harm done to individuals by delaying the implementation of such rights while the democratic process plays out,  and the evolving understanding of discrimination and inequality that has developed greatly since Baker.
Laws defining marriage as between one man and one woman do not share this sordid history.