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Obergefell vs. Hodges et al. [DISSENTING OPINION, ROBERTS, J.]

AMES OBERGEFELL, ET AL., PETITIONERS v. RICHARD HODGES, DIRECTOR, OHIO DEPARTMENT OF HEALTH, ET AL.; 14–556 VALERIA TANCO, ET AL., PETITIONERS v. BILL HASLAM, GOVERNOR OF TENNESSEE, ET AL.; 14–562 APRIL DEBOER, ET AL., PETITIONERS v. RICK SNYDER, GOVERNOR OF MICHIGAN, ET AL.; AND 14–571 GREGORY BOURKE, ET AL., PETITIONERS v. STEVE BESHEAR, GOVERNOR OF KENTUCKY 14–574

Nos. 14–556 | 2015-06-26

CHIEF JUSTICE ROBERTS, with whom JUSTICE SCALIA and JUSTICE THOMAS join, dissenting.

Petitioners make strong arguments rooted in social policy and considerations of fairness. They contend that same-sex couples should be allowed to affirm their love and commitment through marriage, just like opposite-sex couples. That position has undeniable appeal; over the past six years, voters and legislators in eleven States and the District of Columbia have revised their laws to allow marriage between two people of the same sex.

But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us.Under the...