It's awful how such a basic human right was almost denied to a selection of the American population because of a few people's bigoted views on the matter. Equality for the LGBT community is still a long way away, but I'm extremely happy about the decision passed today.
Actually, you've got that wrong. The right for homosexuals to marry was denied in certain states due to a
majority of (not a "few") people's views on the matter in those states. But in other states, a majority of people (or their representatives in the legislature) voted to legalize gay marriage. That is the democratic process at work. Different states have different marriage laws, different tax codes/rates, different minimum wage laws, different minimum driving age requirements, etc. Heck,
some states won't even let you buy a Tesla! That's what the United States of America is -- a union of states. It's also why many people choose to live in one state versus another. If it is important to you to not pay state income taxes, move to Texas or Florida. If it is important to you to live in a state that recognizes gay marriage, then move to New York. If you love smoking weed more than life itself, move to Colorado. If you are planning to get divorced and don't want to pay alimony for the rest of your life, move out of California. (No, not me.) It's not just an empty philosophy: as a real-life practical matter, America truly is a marketplace of ideas -- and governments.
Justice Roberts' thoughtful dissent is recommended reading, and thought-provoking. To paraphrase/summarize, projecting my own views as a gloss: I agree in principle with allowing gay marriage and echo many of the sentiments expressed by the majority. And I encourage all states to recognize gay marriage and repeal any laws to the contrary via the legislative process. Many states have done so, and that's a good thing. Right now, it sure seems that gay marriage supporters are overwhelmingly winning the debate in most places (including most places where gay people actually want to live). That's why the Constitution leaves it to the states to decide questions like how to define marriage (or even whether to recognize any marriages of any kind, in the first place). But the Constitution does NOT let courts just "cut off the debate" and decide whether a law is a good idea or not.
Courts interpret law. They are not supposed to make policy -- even policy that most people think is good policy. (Of course, if most people everywhere thought it was good policy, there would be no need for courts to create that policy; the voters would.) Allowing nine unelected people to legislate policy is not only unconstitutional, it is a dangerous precedent.
So long as the Supreme Court's judicial policymaking expands people's liberties, as it seems at first blush to have done here, then no harm no foul, right? But what happens when courts start taking away liberties? And how do we know the difference? Are there unintended consequences? Take, for example, the likely next wave of gay marriage-related constitutional challenges: the "wedding cake baker" cases. For those who aren't following it, the argument goes like this: A baker in the business of selling wedding cakes decides that her religious principles are inconsistent with supporting gay marriage, so she refuses to provide a wedding cake for a gay couple's wedding. Is that unlawful? If it was not unlawful before, then does today's decision now make it unlawful? Or is it protected by the First Amendment right to religious freedom? Does giving some people the
constitutional right to gay marriage take away another group of people's constitutionally protected rights? Can a person be compelled by the state to act against his or her genuinely held religious preferences -- particularly when, for many, marriage is undoubtedly a religious ceremony as well as a legal arrangement? All interesting questions.
Another interesting question raised by Roberts' opinion: In the long run, wouldn't it have been better for gay people to have gained majority support and won the legislative battle over the next few years? Maybe, maybe not. It's not an easy answer, and we will see what happens. It's possible that it may not matter, as the Court's majority opinion may reflect where the majority of people were headed, anyway. (But that's Roberts' point -- we should have got there that way, not by misreading the Constitution.) On the other hand, we can no doubt expect a conservative backlash, including a push for a constitutional amendment either defining marriage as man-woman, or at least making it clear that states can make up their own rules about marriage. Also, what happens if the Court gets a conservative majority in the next five years?
However you look at it, today's decision is a momentous one, as was yesterday's decision re health care. These are cases that directly affect the lives of ordinary Americans. To paraphrase another great American, at least on a par with the nine U.S. Supreme Court Justices: it's
kind of a big deal.