The U.S. narrative of love and marriage has changed over the centuries. Seeing the American population evolve is heartening. They've grown more accepting of diversity. There is still more journey ahead. However, three landmark cases have significantly redefined marital union. This change is evident today.
Obergefell v. Hodges (2015)
Obergefell v. Hodges was a critical case. Here, Jim Obergefell, amongst others, fought for same-sex marriage recognition. While these marriages were legal in their states, they weren't in others. They argued that marriage denial curtails many legal rights, such as property transfer, parental rights, and adoptions. The Supreme Court held that states must allow and recognize same-sex marriages. Under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, the right to marry applies with equal force to same-sex couples.
In concurring with the majority opinion, Justice Anthony Kennedy penned, "No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."
In extending marriage to same-sex couples, Justice Kennedy eloquently said, "The lifelong union of a man and a woman always has promised nobility and dignity to all persons, without regard to their station in life. Marriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm. Its dynamic allows two people to find a life that could not be found alone, for a marriage becomes greater than just the two persons. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations." Thus, with same-sex marriage, two people find a life that cannot be found alone as the marriage vows become greater than just the two persons.
The Court further established that "Marriage responds to the universal fear that a lonely person might call out only to find no one there. It offers the hope of companionship and understanding and assurance that while both still live, there will be someone to care for the other."
United States v. Windsor (2013)
This case disputed the 1996 Defense of Marriage Act (DOMA) that described marriage as a man-woman union. After Thea Spyer's death, her wife, Edie Windsor, opposed DOMA. The couple had a 40-year relationship and married in Canada. Yet in New York City, DOMA's stance meant Windsor faced estate taxes. Their marriage did not have legal standing in the U.S., which triggered this tax.
In June 2013, the Supreme Court made a crucial decision. They declared section three of DOMA unconstitutional. The government, they said, cannot treat gay and lesbian married couples differently for federal benefits.
Windsor, speaking at a rally, shared heartfelt words. She declared, "Married is a magic word. It holds magic worldwide. It's about our dignity, living openly as ourselves."
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Loving v. Virginia (1967)
Loving v. Virginia was a 1967 case. Here, the U.S. Supreme Court ruled that state laws barring interracial marriage were unconstitutional. These regulations violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment.
Richard Loving was a white man, while his wife, Mildred Jeter, was an African American woman. They lawfully married in the District of Columbia. When they moved to Virginia, they received a one-year jail sentence for violating a state law that makes interracial marriage illegal. They returned to D.C. following a court order. A lawsuit in Virginia state court was initiated to question the statute's legality, eventually reaching the U.S. Supreme Court.
The High Court denounced the state laws prohibiting interracial marriage, explaining that these laws were a reaction to slavery and disguised attempts to fuel white supremacy. The Court declared that under the Constitution, the freedom to marry or not marry an individual of another race resides with the individual and cannot be infringed upon by the state."The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law."
These landmark cases in the Supreme Court show the reshaping of marital unions in the U.S. From same-sex marriage to the recognition of interracial marriage; the Court has fallen back again and again on Justice Kennedy's philosophy of dignity, the basis of marriage, the essence of this noble institution. The love and the sacrifice it embodies are reflected in their decisions.
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