WASHINGTON D.C. – The Supreme Court of the United States (SCOTUS), in a landmark decision, legalized same sex marriage in the United States of America. On Friday, June 26, SCOTUS issued its 5-4 opinion on the Obergefell v. Hodges case. Kennedy delivered the opinion, opening with, “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow, within a lawful realm, to define and express their identity.”
Celebrations outside courthouse June 26 2015 [Courtesy D. Salisbury]
Through that opinion, SCOTUS reversed the decision of the lower Court of Appeals for the 6th Circuit, which had upheld same sex marriage bans in four states: Kentucky, Michigan, Ohio and Tennessee. SCOTUS ruled these bans unconstitutional, saying:
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. The judgment of the Court of Appeals for the Sixth Circuit is reversed.
The Court’s opinion also made it clear that marriages performed legally in one state had to be officially recognized in other states. As SCOTUS ruled:
The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States. It follows that the Court also must hold—and it now does hold—that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.
Within the opinion, Justice Kennedy offered an historical perspective, saying that marriage has been central to the “human condition” for “millennia and across civilizations.” While he acknowledged that most of the historical references speak of opposite sex unions, he goes on to say that “The ancient origins of marriage confirm its centrality, but it has not stood in isolation from developments in law and society. The history of marriage is one of both continuity and change. That institution—even as confined to opposite-sex relations—has evolved over time.”
Justice Kennedy was joined by Justices Kagan, Ginsburg, Breyer, and Sotomeyer. Dissenting opinions came from Justices Roberts, Scalia, Thomas and Alito. Roberts wrote:
This Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be … 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.
While there are those who directly oppose same sex marriage on religious or philosophical principles, there are others who, like Roberts, feel that the process should have been left to the states and the vote of the people.
Priestess signing legal documentation for a same-sex married couple in Alabama [Courtesy K. Privett-Duren]
As the news flooded the internet, we gathered some reactions from Pagans, Heathens and Polytheists around the country. Here is what they had to say:
Dianne Duggan is a Pagan Priestess who worked for the US government for decades and practiced law. Last year in her home state of Illinois, she was finally able to legally marry her wife. Duggan said, “Given that marriage is a legal contract, sanctioned by government, I’ve never understood the faith-based arguments against it. Even marriages that take place under religious circumstances must be sanctioned by government through licensing .. Rights are rights. That is that.” Read Duggan’s full comment
Another legal expert, Dana Eilers, author of Pagans and the Law, said that SCOTUS had “affirmed the great American Experiment, which is the separation of church and state.” She went on to say, “Critically, the majority of the Court found that the opponents of gay marriage had failed to provide any foundation for the dire outcomes which gay marriage opponents so often assert. This, to me, is crucial: there was, apparently, no proof offered to support the awful predictions made by the opponents of gender equality in marriage. Proof and evidence are not yet dead in American courts.” Read Eilers full comment.
Heading south, Dr. Katharyn Privett-Duren, also known as Rev. Seba O’Kiley, is a Priestess of the Gangani Tribe in Alabama, a marriage equality battle-ground state. Same sex marriage was legalized in February 2015, but state and local officials have been fighting ever since. Privett-Duren said that it “takes the efforts and courage of many to change any inequities in the world.” She added that this impulse to enact change should be a “human one born of the need to set things right.” Privett-Duren added:
I am saddened at the responses of some of my Southern friends and family to the SCOTUS ruling. However, this is only a small faction of our South and will, inevitably, become only another archaic echo of a culture’s growing pains. …. My tribe and I hold firm that we can be both Southern and progressive. And while my neighbors are truly heartbroken at the SCOTUS decision, it is my hope that they will one day see that any oppression to any people oppresses us all. Read Privett-Duren’s full comment
Wizzard Rodney Hall, a transgender and pansexual Pagan from Alabama, said, “It has been a long march from … Stonewall riots to the marriage equality decision by SCOTUS … Though I told my partner after SCOTUS struck down DOMA … that this was a landmark decision and we were on a downward slope toward equal marriage rights, I had no clue that it would move this fast.” Like Privett-Duren, Hall knows that there will be some conflict within the state, saying “In Lee County AL, where I live, our courthouse was closed today until they review the SCOTUS decision. There is also Alabama Senate Bill 377 still pending, which seeks to replace marriage licenses with a contract process … Though we still face obstruction from bigots and the ill-informed religious right, I feel that we are on the upswing.”
From Georgia, two Pagans shared their thoughts. Blogger Sara Amis said, “I think it’s important to emphasize the religious equality angle. Pagans, who by and large are happy to recognize same-sex unions, should not be constrained by the beliefs of other faiths in this matter. And now we won’t be.” Amis went on to say that for bisexuals, like herself, “not being invisible matters. Social recognition matters.” Then she added, “And speaking as a Pagan, symbols matter. Rituals matter.” Read Amis’ full comment.
And, Benratu, a Witch and native Georgian, agreed, saying, “I am thrilled to see our leaders make the right decision!” He lamented that for so long he has been unable to “share the same rights and privileges as the rest of the country.” Benratu said “[It]is now possible. I felt a great sigh of relief.” Like Hall and Privett, Benratu also expressed a concern that the ruling may trigger a backlash and increased incidents of homophobic violence. However, he added, “My hope is this will bring our country together and user in more acceptance of different viewpoints.”
Friday Celebrations in Midtown Atlanta [Courtesy S. Amis]
California-based author and activist T. Thorn Coyle took a more radical position, saying, “I stand for love, yet haven’t joined in very active support of what some people call ‘gay marriage’ or others call equal rights because the struggle feels much, much larger.” She explained, “..allowing two men or two women to marry one another just isn’t enough. It isn’t the sort of equality I really want. I’m more queer than that, and more of an anarchist, of course. I desire equity far more pluralistic than the simple replication of a state sanctioned nuclear family.” Read Coyle’s full comment
Also hailing from California, Rev. Patrick McCollum shared his thoughts, saying, “As one who has worked for gay rights for more than thirty years, I am elated that one of the fundamental rights that we’ve all fought for so long has finally come to be.” McCollum tied the ruling’s importance to his beliefs. He wrote, “Just as we speak of the interconnectedness of all things in a spiritual context, we must also realize that the same principles apply in our mundane lives. How we make space for everyone and how we honor the sacredness of diversity speaks directly to who we are as a people.” Read McCollum’s full comment.
Like McCollum, Rev. Selena Fox has been an longtime activist working for LBGQT equality and religious rights. When Friday’s ruling was handed down, Fox called for a celebration, saying, “I am glad that the USA has now joined the 20 other countries in the world that have legalized same sex marriage — and it is my hope that there will be marriage equality in every nation on this planet.” She said that she has been performing same sex handfastings since the 1980s with the first one in 1983, and the first legal handfasting at Pagan Spirit Gathering in 2014. Read Fox’ full comment.
Jumping the Broom. Sparky T. Rabbit and Ray 1984. One of the first same sex marriages at PSG [Courtesy PSG Archives]
Finally, in Washington D.C., we caught up with witch and activist David Salisbury, who works for the Human Rights Campaign (HRC). He said:
This enormous victory really speaks for itself. For years I’ve been involved with fighting state-by-state and we’ve seen many victories and some losses. Now that marriage equality is the law of the land, I can’t wait to shift my focus on the other important areas where LGBT people are still not equal. In most states, you can now get married on Sunday and fired on Monday. We now need employment and housing nondiscrimination as soon as possible. But for now, I will celebrate here in DC with the many people involved in this movement, and in spirit with many others around the nation. Love won, and that deserves a celebration.
Agreeing with Salisbury, Circle Sanctuary minister Vic Wright from Kentucky said, “It is a blessed day when the Supreme Court chooses to uphold the law … Now on to the next issues.” In her reaction statement, Fox also looked forward, saying, “We need to be vigilant and take action to counter attempts by bigoted forces that already are planning to undermine this victory under the guise of ‘religious freedom.’ ” Of course, she is referring to the RFRAs, which could potentially be used to counter this ruling. Whether that happens or not is up for debate
California-based Heathen Xochiquetzal Duti Odinsdottir also expressed the need to keep pressing for rights by offering this call-to-action, “The fire is hot, the iron is stoked and burning bright, let’s strike at other issues that affect the lives of the rest of us who live under the “rainbow umbrella … Let’s keep the pressure on our legislators to provide the protections and dignity that we deserve in every facet of our lives; queer, trans, bi, however one chooses to identify.” Read Odinsdottir’s full comment.
The HRC, as an organization, also agrees that there is much work to be done. After issuing its celebratory statement, it turned its focus immediately to remaining problems by sending out a second statement that called for all “state officials to remove obstacles to marriage equality immediately.” These obstacles, for example, include such things as the closed Alabama courthouses noted earlier by Hall, and the public response by Louisiana’s Governor. Just after the SCOTUS ruling, Gov. Jindal issued his own opposing statement, going as far as saying, “Let’s just get rid of the court.” Louisiana is one of the few states that didn’t issue licenses on Friday.
However, not all the remaining 13 states, which prior to Friday’s ruling didn’t issue same sex licenses, were opposed. Georgia reportedly issued the very first same-sex license after the ruling was issued. In Texas, people lined up to get married. Along with the ceremonies, celebrations have happened and will continue throughout the weekend.
Celebrations outside courthouse June 26 [Courtesy D. Salisbury]
Kasha, a Wiccan Priestess from Florida who is currently serving as National First Officer of Covenant of the Goddess, called for a moment of remembrance. She said, “I … hope we pause during our celebrations to honor those involved in this struggle that did not live to see this day – those that inspired the fight, endured persecution and violence, and lived and died with secrets.” Read Kasha’s full comment.
And, Jesse Hathaway Diaz, proprietor of The Wolf and Goat, shared this advice going forward, “I’m a firm believer in the ladder principle – if you are going to ascend the ladder, you must bring someone up to your current rung, or you backslide. Nature abhors a vacuum. Let the ‘victory’ of today similarly be a tool. Bring others to the current rung – what we envision should be a reality. Do not be complacent. Share the success. Advance others….. Help others understand why it’s worth sharing. Help others be able to share it with us someday.” Read Hathaway’s full comment.
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