"[The Constitution] Has Nothing to Do with It"—Dissenting Justice Roberts on Court's 5-4 Decision for Gay Marriage

AFA Staff/Aimee Herd : Jun 26, 2015
American Family Association

"If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it." –Chief Justice Roberts in his dissent on the gay marriage decision.

(Washington, DC)—In a decision that upends millennia of history and guts the rule of law, the U.S. Supreme Court issued its ruling on same-sex marriage this morning, voting to redefine marriage and strip states of their rights to define marriage as between one man and one woman.

American Family Association (AFA, www.afa.net) says the ruling is a blatant rejection of the rule of law and a direct threat to religious freedom.

"This morning's ruling rejects not only thousands of years of time-honored marriage but also the rule of law in the United States," said AFA President Tim Wildmon. "In states across the nation, voters acted through the democratic process to protect marriage and the family. Yet, courts around the country chose to disregard the will of the people in favor of political correctness and social experimentation. And we witnessed firsthand the consequences, as individuals were repeatedly targeted by the government for not actively supporting homosexual marriage. Sadly, our nation's highest Court, which should be a symbol of justice, has chosen instead to be a tool of tyranny, elevating judicial will above the will of the people.

"There is no doubt that this morning's ruling will imperil religious liberty in America, as individuals of faith who uphold time-honored marriage and choose not to advocate for same-sex unions will now be viewed as extremists. But to the Court, we send this unequivocal message: We will continue to uphold God's plan for marriage between one man and one woman, and we call on all Christians to continue to pray for the nation, and for those whose religious liberties will be directly impacted by this ruling."

In the years leading up to the landmark SCOTUS case, voters in 31 states had acted through the democratic process to uphold marriage and the family. Yet, same-sex marriage was legalized in 36 states, due in large part to overreaching judges who chose to disregard the will of the people and cater to those who advocate for homosexuality.

Nationwide, according to the Family Research Council's Peter Sprigg, just over 3.3 million individuals voted for same-sex marriage in three states—Maine, Maryland and Washington State—compared to more than 41 million who voted for marriage protection amendments or bans on same-sex marriage in 31 states—a ratio of more than 12 to 1.

Chief Justice Roberts seemed to echo this in his dissent on the 5-4 court decision, saying, "Who do we think we are?!..." (Photo: Win McNamee/Getty Images/via Washington Post)

Continued Roberts, "Today, however, the Court takes the extraordinary step of ordering every State to license and recognize same-sex marriage. Many people will rejoice at this decision, and I begrudge none their celebration. But for those who believe in a government of laws, not of men, the majority's approach is deeply disheartening. Supporters of same-sex marriage have achieved considerable success persuading their fellow citizens—through the democratic process—to adopt their view. That ends today. Five lawyers have closed the debate and enacted their own vision of marriage as a matter of constitutional law. Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that [is] much more difficult to accept."

Roberts' dissent was 29 pages long, and toward the end, he reportedly wrote:

"If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today's decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it."