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- Here are the questions: Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?Question 2: Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state? The rights of same-sex couples are at stake.
- "MR. BURSCH: Would it be constitutional? JUSTICE KENNEDY: Yes." (20-21)
- I, Anthony M Kennedy, will deliver the majority opinion. In a 5-4 vote, the answers to both of those questions are yes and yes. The Due Process Clause of the 14th guarantees the right to marry regardless of the people involved. The right to marry is a fundamental liberty.
- "Well, you say join in the institution. The argument on the other side is that they're seeking to redefine the institution. Every definition that I looked up, prior to about a dozen years ago, defined marriage as unity between a man and a woman as husband and wife. Obviously, if you succeed, that core definition will no longer be operable." (9-15)
- **DISSENT ARGUMENT**
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