The Supreme Court’s marriage ruling was about rights—and about love - Women’s Media Center (2025)

July 02, 2015 | Danielle Moodie-Mills | LGBTQIA

The Supreme Court’s marriage ruling was about rights—and about love - Women’s Media Center (1)

On Friday, June 26, 2015, I was glued to my Twitter feed and every cable news outlet, eagerly awaiting the Supreme Court’s ruling on same-sex marriage.

For many, 6/26/15 will become a new anniversary to mark on their calendars—celebrating the freedom to marry whom you love, regardless of sexual orientation and gender identity, in all 50 states.

This date was already written in bold on my calendar, fitted with a happy face emoticon. Six years prior to SCOTUS’s transformational decision, on a rooftop in Washington, DC, my then girlfriend (now wife) popped the question.

Back in 2009, when Aisha asked me to marry her, there were only a handful of states where we could legally wed, and the District wasn’t one of them.

The marriage equality fight was just beginning to heat up in our adopted hometown as well as nationally—except most of the people on TV at that time discussing the importance of marriage didn’t look like us; they were white, affluent, gay men. To us, it seemed that they weren’t truly able to invoke empathy, because in many ways white men (gay or straight) are viewed as the oppressor, not the oppressed. And while debating marriage in the context of "rights" has its merits, we were learning that when we talked about loveand relationships, hearts and minds began to open.

Out of seven billion people on this planet, when you find the one person that loves you and only you, you want to shout it from every rooftop and celebrate with anyone and everyone you can. Deciding to entwine your life with someone else’s is an indescribable joy that everyone, regardless of whom they love, should have the right to experience.

It was in the blissful moments after Aisha asked me to spend the rest of my life with her that the politics become personal for us.

Sure, we were two politicos who had ventured to Washington, DC for college from our respective hometowns in New Jersey and New York because we wanted to be at the epicenter of power, “making a difference.” The phrase “making a difference,” however, didn’t really feel that significant until we actually had something to fight for.

The idea that our love was any different from that of our parents, friends, or colleagues—something separate, unequal, unsavory—sparked something in us.

We believed that we had the right to live, love, and labor OUT loud wherever our hearts desired, and that no one (namely our country) whose founding principles are steeped in democracy and every citizen’s right to pursuit their happiness, should be able to stop us.

It was with the audacity of this truth that we decided to dive wholeheartedly into the fight for marriage equality. We knew that it was going to be the stories of love and commitment, not statistics and poll numbers, that would ultimately change hearts and minds.

Maybe it was youthful ignorance, but we believed that our message of love—and black love specifically—was something special, and if we could just share our story and diversify the images of what same-sex couples looked like and who marriage was “for,” then we would be making a difference.

In 2009, we went from being two young women engaged and in love to being national spokespeople on marriage equality and then to becoming LGBT advocates, launching the FIRE (Fighting Injustice to Reach Equality) Initiative at the Center for American Progress—working to amplify the stories of African American LGBT people and the discriminatory policies that were most adversely affecting our community.

Last Friday, when my wife and I sat with bated breath, holding hands and watching the announcement that love finally won, tears began streaming down our faces. We knew in that moment that our voices, our work, our love mattered.

A portion of Justice Kennedy’s decision read:

The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.

The Supreme Court’s 5-4 decision made us—all of us, gay, lesbian, bisexual, and transgender individuals—not only more visible, but a bit more liberated in our skin. Our country, our government, recognized our loving relationships—and us—as equal.

As Justice Kennedy wrote, as we evolve, so must our idea of what justice and liberty look like. Our forefathers and foremothers couldn’t have imagined the White House and other national monuments turning rainbow last Friday in recognition of LGBT pride or that #LoveWins.

They couldn’t have imagined my wife and me, two African American lesbians claiming our love and humanity in such big and bold ways that we would have our images and words scattered throughout the media.

What they could imagine, though, was the creation of a more perfect union—and on Friday our country lived up to its ideals.

Discrimination seeks to make us invisible. It seeks to shrink us and disconnect us from our dignity and our humanity, but when we dare to live OUT loud, to be bold, and stand in our truth, we shine a light and act as a beacon of hope—showing others that they have the right to be visible, be fabulous, and love OUT loud unapologetically. #LoveWon


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The Supreme Court’s marriage ruling was about rights—and about love - Women’s Media Center (2025)

FAQs

What did the Supreme Court say about women's rights? ›

The United States Supreme Court rules for the first time ever that a law that discriminates against women is unconstitutional under the Fourteenth Amendment, holding unanimously that a state statute that provides that males must be preferred to females in estate administration denies women equal protection of the law.

Did the Supreme Court hold that there is a constitutional right to marry? ›

(4) The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex may not be deprived of that right and that liberty.

In what case did the Supreme Court clearly identify a constitutional right to marriage based on the 14th Amendment? ›

Hodges. In the landmark case Obergefell v. Hodges, decided on June 26, 2015, the Supreme Court affirmed the constitutional right to marriage under the Fourteenth Amendment. This decision addressed the legality of same-sex marriage across the United States, ruling that state-level bans were unconstitutional.

What did the Supreme Court rule against the Defense of Marriage Act? ›

Summary. On June 26, 2013, the U.S. Supreme Court ruled that section three of the so-called "Defense of Marriage Act" (DOMA) is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for the purposes of determining federal benefits and protections.

What was the argument for women's rights based on? ›

Instead of promoting a vision of gender equality, suffragists usually argued that the vote would enable women to be better wives and mothers. Women voters, they said, would bring their moral superiority and domestic expertise to issues of public concern.

Which Supreme Court ruling represented a victory for the women's rights movement? ›

This change came because the women's movement had succeeded in raising Americans' consciousness about sexism, enabling the court to begin ruling in favor of women's rights in Ginsburg's groundbreaking cases and Roe v Wade (1973).

What did the Supreme Court rule about the spouse? ›

On June 21, 2024, the Supreme Court ruled in a pivotal 6-3 decision that U.S. citizens do not inherently possess the right to bring their noncitizen spouses into the country.

Is marriage a right or privilege? ›

The right to marry and found a family is a recognized human right. Because this right extends to all persons, the benefits of marriage should not be denied arbitrarily.

Does the Constitution say marriage is between a man and a woman? ›

Constitutional Amendment - Marriage Protection Amendment - Declares that: (1) marriage in the United States shall consist only of the union of a man and a woman; and (2) neither the U.S. Constitution nor the constitution of any state shall be construed to require that marriage or the legal incidents of marriage be ...

Is marriage a constitutionally protected right? ›

The framers of the Fourteenth Amendment understood marriage to be a personal right that, when established by a state, must be made available on an equal basis to all.

What does the 14th Amendment say about marriage? ›

On June 12th, 1967, the Supreme Court ruled in favor of the Lovings with a unanimous decision. Chief Justice Earl Warren wrote: The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations.

In what case did the Supreme Court rule that married couples do have the right to use birth control in the state of Connecticut? ›

The Supreme Court's ruling in Griswold v. Connecticut marked the beginning of an era of change for sexual and reproductive rights in the United States. Ruling that the states had no right to ban contraception for married couples, the landmark decision in the Griswold v.

Is the Defense of Marriage Act still in effect? ›

DOMA was formally repealed by the federal Respect for Marriage Act of 2022, which defined marriage for the purposes of federal law as a legal union between two individuals and required states to recognize same-sex and interracial marriages duly performed in other jurisdictions.

What is the A Defense of Marriage Act? ›

Defense of Marriage Act - Amends the Federal judicial code to provide that no State, territory, or possession of the United States or Indian tribe shall be required to give effect to any marriage between persons of the same sex under the laws of any other such jurisdiction or to any right or claim arising from such ...

What clause of the Constitution is potentially violated by the Defense of Marriage Act? ›

He found in Gill that Section 3 of the Defense of Marriage Act violates the equal protection of the laws guaranteed by the Due Process Clause of the Fifth Amendment to the U.S. Constitution.

What was the Supreme Court decision on gender? ›

In a 6-3 ruling, the Supreme Court ruled in favor of LGBTQ workers and found “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex” and therefore discrimination against LGBTQ workers was impermissible sex discrimination under ...

What does the 14th Amendment say about women's rights? ›

The 14th Amendment provides, in part, that no state can "deny to any person within its jurisdiction the equal protection of the laws." Title IX specifically prohibits sex discrimination.

Did the Constitution say anything about women's rights? ›

Women were deliberately left out of the U.S. Constitution as they were not recognized as full citizens in 1787. Even today, centuries after it was enacted, the Constitution does not fully prohibit discrimination on the basis of sex.

What does the 19th Amendment say about women's rights? ›

Nineteenth Amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

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