This is a policy decision that should be left to legislatures, as demonstrated by the writings of the Framers and earlier decisions of this Court. 3–10. Therefore, VA may recognize the same-sex marriage of all Veterans, where the Veteran or the Veteran’s spouse resided anywhere in the United States or its territories at the time of the marriage or at the time of application for benefits. respect it, respect it so deeply that they seek to find its fulfillment for themselves. The remainder of the States retain the traditional definition of marriage. King County, 158 Wash. 2d 1, 138 P. 3d 963 (2006), Hernandezv. See Tr. As one prominent scholar put it, “Marriage is a socially arranged solution for the problem of getting people to stay together and care for children that the mere desire for children, and the sex that makes children possible, does not solve.” J. Q. Wilson, The Marriage Problem 41 (2002). Even when a greater awareness of the humanity and integrity of homosexual persons came in the period after World War II, the argument that gays and lesbians had a just claim to dignity was in conflict with both law and widespread social conventions. . If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one. Numerous amici—even some not supporting the States—have cautioned the Court that its decision here will “have unavoidable and wide-ranging implications for religious liberty.” Brief for General Conference of Seventh-Day Adventists et al. The first premise of this Court’s relevant precedents is that the right to personal choice regarding marriage is inherent in the concept of individual autonomy. See, e.g., Eisenstadt, supra, at 453 454; Poe, supra, at 542 553 (Harlan, J., dissenting). But a Justice’s commission does not confer any special moral, philosophical, or social insight sufficient to justify imposing those perceptions on fellow citizens under the pretense of “due process.” There is indeed a process due the people on issues of this sort—the democratic process. Valid marriage under state law is also a significant status for over a thousand provisions of federal law. Slaves did not lose their dignity (any more than they lost their humanity) because the government allowed them to be enslaved. See 198 U. S., at 61 (“We do not believe in the soundness of the views which uphold this law,” which “is an illegal interference with the rights of individuals . (2) The history of marriage is one of both continuity and change. Celebrate the availability of new benefits. See N. Cott, Public Vows: A History of Marriage and the Nation 9 17 (2000); S. Coontz, Marriage, A History 15 16 (2005). Ask the nearest hippie. Snyder, ___ F. Supp. . Roberts • 1 Democracy in America 309 (H. Reeve transl., rev. . If the opinion is correct that the two clauses “converge in the identification and definition of [a] right,” that is only because the majority’s likes and dislikes are predictably compatible.) June 30, 2015 at 1:02 pm. 539 U. S., at 567. . Held: The They instead require a State to justify barriers to marriage as that institution has always been understood. This requires the Court to hold, as it now does, that DOMA is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution. Fourteenth Amendment requires States to recognize same-sex marriages validly performed out of State. By straying from the text of the Constitution, substantive due process exalts judges at the expense of the People from whom they derive their authority.

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