CourtSide - The FindLaw Breaking Legal News Blog

June 2015 Archives

SCOTUS Upholds Same Sex Marriage

Today, the Supreme Court of the United States changed the way Americans view marriage. In a 5-4 decision, the Court held that the 14th Amendment requires states to permit same sex marriages within their boundaries, and recognize the marriages of same sex citizens from other states.

The Majority

Justice Anthony Kennedy wrote for the majority of the justices (himself, and Justices Kagan, Sotomayor, Ginsburg, and Beyer) and began his opinion by noting how ancient and honored marriage is in our culture. It is also, Justice Kennedy noted, an institution of both continuity and of change. Therefore, with our modern understanding of family and civil rights, the conclusion must be reached that the Equal Protection and Due Process Clauses of the 14th Amendment require all states to recognize same sex marriage.

This morning the U.S. Supreme Court handed down its ruling upholding key subsidy provisions of the Affordable Care Act, known popularly as Obamacare. Had the case gone the other way, millions of Americans who rely on tax credits in order to afford mandatory health insurance could've lost their insurance coverage.

The Court's ruling means that nothing will change in the current health insurance landscape, but that doesn't mean the justices didn't have some interesting things to say. You can read the full majority opinion and dissent below, and decide for yourself who makes the more compelling argument.