Carolina QuotesMost Americans—understandably—will cheer or lament today’s decision because of their views on the issue of same-sex marriage. But all Americans, whatever their thinking on that issue, should worry about what the majority’s claim of power portends.
Samuel Alito Connected to the Carolinas
Source
Dissenting, Obergefell v. Hodges (2015)
- year
- 2015
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“Most Americans—understandably—will cheer or lament today’s d…” Samuel Alito. Carolina Quotes, record CQ-1C79BDBC44. https://carolinaquotes.com/quote/1c79bdbc44
More from Samuel Alito
A judge can't have any preferred outcome in any particular case. And a judge certainly doesn't have a client. The judge's only obligation — and it's a solemn obligation — is to the rule of law, and what that means is that in every single case, the judge has to do what the law requires.
At present, no one—including social scientists, philosophers, and historians—can predict with any certainty what the long-term ramifcations of widespread acceptance of same-sex marriage will be. And judges are certainly not equipped to make such an assessment. The Members of this Court have the authority and the responsibility to interpret and apply the Constitution. Thus, if the Constitution contained a provision guaranteeing the right to marry a person of the same sex, it would be our duty to enforce that right. But the Constitution simply does not speak to the issue of same-sex marriage. In our system of government, ultimate sovereignty rests with the people, and the people have the right to control their own destiny. Any change on a question so fundamental should be made by the people through their elected offcials.
While, for many, the attributes of marriage in 21st century America have changed, those States that do not want to recognize same-sex marriage have not yet given up on the traditional understanding. They worry that by officially abandoning the older understanding, they may contribute to marriage’s further decay. It is far beyond the outer reaches of this Court’s authority to say that a State may not adhere to the understanding of marriage that has long prevailed, not just in this country and others with similar cultural roots, but also in a great variety of countries and cultures all around the globe.