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“They have discovered in the Fourteenth Amendment,” Justice Scalia wrote of the majority, “a ‘fundamental right’ overlooked by every person alive at the time of ratification, and almost everyone else in the time since.”
“These justices know,” Justice Scalia said, “that limiting marriage to one man and one woman is contrary to reason; they know that an institution as old as government itself, and accepted by every nation in history until 15 years ago, cannot possibly be supported by anything other than ignorance or bigotry.”
Justice Kennedy rooted the ruling in a fundamental right to marriage. Of special importance to couples, he said, is raising children.
“Without the recognition, stability and predictability marriage offers,” he wrote, “their children suffer the stigma of knowing their families are somehow lesser. They also suffer the significant material costs of being raised by unmarried parents, relegated through no fault of their own to a more difficult and uncertain family life. The marriage laws at issue here thus harm and humiliate the children of same-sex couples.”