“We’ve got to go back and recognize that what they did in Obergefell was not only to take and create a right that does not exist under the Constitution but then to mandate that that right compels Christians to give up their religious freedom and liberty.”
Legal experts suggest that history might hint at how the coming months will unfold, as a handful of defiant clerks across the South and Midwest refuse to abide by the Supreme Court's ruling last month that legalized gay marriage.
In part, Dred Scott is simply being used to give Obergefell a bad name—as pure invective, another way to call the decision rotten and the Supreme Court deluded.
With gay marriage now legal in America, let's take a look back at how homosexuality has been portrayed on film. It's 120 years of misrepresentation in 10 minutes!
Source: American Historical Association's Perspectives
Marriage has evolved (much more recently than most people imagine) to become a relationship between equals, thus there is no justification to exclude same-gender couples from the marital bond.
Citing the work of historians that demonstrates the constant evolution of the institution, the U.S. Supreme Court decides to recognize a constitutional right to same-sex unions.
Thomas wrote that there is no "dignity" clause in the US Constitution — and that, even if there was, the government could not bestow it upon a person or take it away.
Justice Anthony Kennedy's opinion leaned heavily on the historians' argument that, while marriage has traditionally been between one man and one woman, it has greatly evolved along with society and the law.
Oliver Wendell Holmes first embraced throwing people in jail for holding views critical of the government. Then, a few months later, changed his mind. When does this happen?